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The Ontario Court of Appeal dismissed an appeal in a loan default and guarantee case, upholding summary judgment for the bank and awarding costs of $7,500.
The Ontario Court of Appeal set aside summary judgment in a greenhouse insurance dispute, holding the motion judge misapplied causation analysis and failed to resolve key factual issues.
Court of Appeal upholds dismissal of claims against the Kauras and R.K.S., leaves the overservice claim against Caesars to proceed, and dismisses both appeal and cross-appeal.
The Court of Appeal for Ontario dismissed an appeal from summary judgment, holding that a broad settlement release barred the claims and that no trial issue remained.
The notice of civil claim fails to plead the material particulars necessary to sustain a breach of the duty of honest contractual performance because it does not identify the specific representations, how they were dishonest, or how any dishonesty was directly linked to performance of the CPS and Addendum; however, because an amendment could cure the pleading defects and no non-compensable prejudice was shown, the plaintiff is granted leave to amend; the purchaser's lien claim raises conflicting factual issues on the affidavits and is not bound to fail on summary judgment, so the Rule 9-6 app…
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The Court of Appeal dismissed an appeal from summary judgment enforcing a second mortgage, finding no genuine issue for trial and lifting the stay.
The Court of Appeal held that a hired dog walker in physical possession and control of a dog before an attack was an “owner” under the Dog Owners’ Liability Act.
Summary judgment dismissed because material triable issues exist: evidence supports that the Option Agreement may be intimately connected to the services agreement (Sail Labrador) and factual disputes remain about whether defendant's conduct hindered exercise or justified equitable relief to excuse non-compliance; these issues cannot be resolved on a Rule 9-6 application.
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The Ontario Court of Appeal dismissed an appeal in a bank collection dispute, finding the appellants were in default and that the counterclaim disclosed no reasonable cause of action.
The Ontario Court of Appeal dismissed CN’s appeal, holding that its coal tar contamination claim was an abuse of process because the same continuing-migration claim had already been dismissed for delay.
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