Asghar v. Dial and File Process Servers Inc.

Asghar v. Dial and File Process Servers Inc.

The appeal was dismissed because the motion judge correctly found that the evidence on the summary judgment motion did not support a finding of liability on any asserted cause of action, and under the Kassburg standard the record justified granting summary judgment in favour of the responding party; accordingly the respondent was entitled to costs.

Citation
2024 ONCA 864
Parties
Plaintiff/appellant: Sajjad Asghar; Defendant/respondent: Dial and File Process Servers Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
27 November 2024
Procedural Posture
Civil Appeal From Summary Judgment Motion / Court of Appeal Decision on Appeal From Superior Court Summary Judgment Dismissal
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Appeal, Liability, Breach of Contract, Consumer Protection Act, Fraud, Misrepresentation, Costs
Source Language
English
Civil Procedure Contract Consumer Protection Tort Costs Law Summary Judgment Appeal Liability +5 more

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Parties

Sajjad Asghar

Plaintiff/appellant

Dial and File Process Servers Inc.

Defendant/respondent

Procedural Posture

Civil Appeal From Summary Judgment Motion / Court of Appeal Decision on Appeal From Superior Court Summary Judgment Dismissal

Legal Issues

  1. 1 Whether the motion judge correctly dismissed the appellant's causes of action for failure to prove liability on summary judgment
  2. 2 Whether the court could grant summary judgment in favour of the responding party under the Kassburg test
  3. 3 Whether the respondent was entitled to costs

Ratio Decidendi

The appeal was dismissed because the motion judge correctly found that the evidence on the summary judgment motion did not support a finding of liability on any asserted cause of action, and under the Kassburg standard the record justified granting summary judgment in favour of the responding party; accordingly the respondent was entitled to costs.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; respondent awarded costs of the appeal fixed at $5,000 inclusive of disbursements and HST