3 total
Appeal of summary judgment dismissed as appellants failed to provide evidence supporting their set-off defence.
The appellants appealed a summary judgment order, arguing the motion judge erred by granting it despite a viable set-off defence and inconsistently allowing the counterclaim to proceed.
The Court of Appeal dismissed the appeal, finding the motion judge reasonably exercised his discretion.
The appellants had failed to provide evidence of their damages claim after being given a year to do so, leaving only an unsubstantial punitive damages claim.
Appeal dismissed; claims against former employees for secretly obtaining a lease were statute-barred.
The appellant, a gas station operator, appealed the dismissal of its counterclaim against its former landlord and two former employees.
The employees had secretly negotiated a head lease for the gas station premises after the appellant's lease expired and it refused the landlord's terms.
The trial judge dismissed the appellant's claims for breach of fiduciary duty and inducing breach of contract as statute-barred, finding the appellant knew of the employees' actions more than two years before filing the counterclaim.
The Court of Appeal upheld the trial judge's factual findings on discoverability and the lack of intent by the landlord to induce a breach of contract, dismissing the appeal.
Motion for leave to appeal an intra-motion summary judgment ruling dismissed as premature.
The plaintiff brought a motion for leave to appeal an interlocutory order of a motions judge who had adjourned their summary judgment motion and given directions for further evidence.
The Divisional Court dismissed the motion for leave to appeal as premature.
The court held that appealing an intra-motion ruling before the summary judgment motion is finally disposed of offends the principle of continuity in judicial touch established in Hryniak and the goal of timely and cost-effective proceedings under Rule 1.04(1).
