The plaintiff brought a motion for summary judgment seeking dismissal of the defendant’s counterclaim relating to the enforceability of a commercial lease for premises in Mississauga.
The plaintiff argued the counterclaim was barred by the two-year limitation period.
Applying the Supreme Court of Canada’s guidance on summary judgment in Hryniak v. Mauldin and subsequent appellate interpretation, the court held that granting partial summary judgment would risk inconsistent findings and would not resolve the litigation as a whole.
The court concluded that the matter should proceed to trial on a full record, particularly given potential discoverability issues affecting the limitations defence.
The motion for summary judgment was dismissed.
