Konstantinopoulos v. Papadopoulos

Konstantinopoulos v. Papadopoulos

The motion judge did not err in dismissing the appellant's claim on summary judgment, there was no evidence to support the appellant's allegations against respondent's counsel, and the counter-claim was properly dismissed by consent; accordingly the appeal is dismissed and costs are fixed at $16,500 inclusive.

Citation
2019 ONCA 773
Parties
Plaintiff (appellant): Constantinos (Gus) Konstantinopoulos; Defendant (respondent): Demetrios Papadopoulos
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
1 October 2019
Procedural Posture
Civil / Appeal From Summary Judgment Motion
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Boundary Dispute, Costs, Allegations of Counsel Misconduct
Source Language
English
Civil Litigation Property Law Appeal Summary Judgment Boundary Dispute Costs Allegations of Counsel Misconduct

Case Brief

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Parties

Constantinos (Gus) Konstantinopoulos

Plaintiff (appellant)

Demetrios Papadopoulos

Defendant (respondent)

Procedural Posture

Civil / Appeal From Summary Judgment Motion

Legal Issues

  1. 1 Whether the motion judge erred in dismissing the appellant's claim on summary judgment
  2. 2 Whether allegations against the respondent's counsel were supported by evidence
  3. 3 Whether the counter-claim should be dismissed and on what basis

Ratio Decidendi

The motion judge did not err in dismissing the appellant's claim on summary judgment, there was no evidence to support the appellant's allegations against respondent's counsel, and the counter-claim was properly dismissed by consent; accordingly the appeal is dismissed and costs are fixed at $16,500 inclusive.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Counter-claim dismissed by consent