3 total
Leave to appeal dismissal of summary judgment denied; no reason to doubt correctness of limitation period analysis.
The moving parties, individual defendants in a construction breach of trust action, sought leave to appeal an order dismissing their motion for partial summary judgment.
The motion judge had found that the limitation period for the breach of trust claim did not necessarily run concurrently with the breach of contract claim, and that a contractual amendment regarding payment terms was supported by consideration.
The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions, no reason to doubt the correctness of the motion judge's decision, and no matters of general or public importance.
The court certified a class action against a self-storage facility following a fire, approving most proposed common issues.
This motion concerned the certification of a class action arising from a fire at a self-storage facility.
The plaintiff sought to certify a class proceeding on behalf of tenants who lost property, claiming damages in contract, tort, and unjust enrichment.
The court certified the action, finding that four of the five certification requirements under the Class Proceedings Act, 1992 were met.
Most proposed common issues related to negligence, limitation of liability, assignment of leases, and punitive damages were certified, while issues regarding prejudgment interest and unjust enrichment for retained advance rental payments were not.
No costs were awarded due to the parties' cooperation and the substantial revision of issues.
Summary judgment denied; forbearance agreement enforceable and breach of trust claim not statute-barred.
The individual defendants brought a motion for summary judgment to dismiss the plaintiff's breach of trust claim under the Construction Lien Act, arguing the claim was statute-barred.
The plaintiff had agreed to extend the time for payment of outstanding invoices after the corporate defendant requested forbearance.
The court found that the forbearance agreement was supported by consideration and was therefore enforceable.
Furthermore, the court held that the limitation period for a breach of trust claim does not automatically commence when payment is due, but is governed by the discoverability principle under the Limitations Act, 2002.
The motion for summary judgment was dismissed.
