Anne M. Kennedy

The defendants brought a summary judgment motion seeking dismissal of the plaintiff's claim based on the expiry of the two-year limitation period under the Limitations Act, 2002.

The plaintiff argued the limitation period had not expired or, in the alternative, that there were genuine issues requiring a trial.

The court found that the plaintiff's decision to forebear from suing earlier, based on promises of payment and a long-standing business relationship, was reasonable.

The court also determined that there were serious credibility issues and disputed facts regarding the nature of the contracts and payments, making it impossible to dispose of the matter summarily.

The motion for summary judgment was dismissed, requiring a full trial on the merits.

The defendant moved for partial summary judgment to dismiss all claims by 1198934 Ontario Inc. and specific claims by 1526806 Ontario Inc. for negligent misrepresentation, fraudulent misrepresentation, punitive damages, and aggravated damages.

The court dismissed the claims by 1198934 Ontario Inc. due to lack of privity of contract and rejected an attempt to amend the claim for unjust enrichment as untimely.

Claims for aggravated damages were dismissed because corporations cannot suffer intangible injuries.

Claims for fraudulent and negligent misrepresentation were dismissed due to an absence of evidence of loss or reliance.

However, the motion to dismiss the claim for punitive damages was denied, as it was intertwined with the breach of contract claim that was proceeding to trial, raising an unacceptable risk of inconsistent factual findings.