Bryan Benjamin Skolnik

The plaintiff, an employee, brought a motion for summary judgment in a wrongful termination case.

The defendant, whose counsel failed to file materials due to inadvertence, sought an adjournment.

The court granted the adjournment with terms, converting the summary judgment motion into a summary trial.

The decision emphasized the need for a just determination on the merits, distinguishing the case from those involving deliberate delay, and noted the specific test for probationary employee dismissals.

Costs were awarded to the plaintiff.

The appellant lender advanced a mortgage secured by a commercial property in Kingston, Ontario, paying off a prior first mortgage and tax arrears but not the respondent's second mortgage.

When the borrower defaulted and the property was sold under power of sale, the appellant claimed priority over the respondent's mortgage based on equitable subrogation.

The motion judge granted summary judgment in favour of the respondent, finding that the appellant knew the respondent would not postpone her mortgage and that it would be inequitable to grant subrogation for a mortgage more than double the value of the one replaced.

The Court of Appeal dismissed the appeal, upholding the motion judge's discretionary decision to deny equitable subrogation.

The plaintiff, a gasoline wholesaler, brought a motion for partial summary judgment against one of the defendants, Gill Rauni Petroleum Inc. (GRP), for breach of contract regarding unpaid petroleum products.

The plaintiff claimed over $117,000.

The court found that the plaintiff failed to provide sufficient evidence to establish breach of contract, orders, deliveries, or a full accounting of outstanding amounts, thus failing to "put its best foot forward." Applying the principles of summary judgment, the court determined that genuine issues requiring a trial existed and that the evidentiary record was insufficient for dispositive findings.

Furthermore, as the litigation would proceed to trial against another defendant regardless, granting partial summary judgment risked duplicative proceedings and inconsistent findings, making it not in the interest of justice.

The motion was dismissed, and the defendant GRP was awarded costs.

The plaintiff brought a motion seeking to invalidate Full and Final Releases she signed and a Notice of Discontinuance against two former lawyers, alleging they acted contrary to her instructions or mistakenly.

The court found that a settlement agreement existed, and the lawyers had ostensible authority to effect it.

Considering factors for setting aside a settlement, including the significant delay by the plaintiff in challenging the settlement and the public policy favoring enforcement of settlements, the court dismissed the motion.

A real estate brokerage sued for payment of commission arising from the sale of a commercial property after the vendor refused payment.

The vendor argued that the listing agreement had been cancelled, that the brokerage did not introduce the purchaser during the listing period, and that the commission had effectively been paid through other benefits.

The vendor also counterclaimed alleging breach of fiduciary duty and negligence by the broker for failing to document an alleged price adjustment agreement that led to related litigation.

The court found that the broker introduced the purchaser during the currency of the listing agreement and that the sale agreement was executed within the holdover period, entitling the brokerage to commission.

The court rejected the alleged cancellation, rejected claims of payment “in kind,” and dismissed the counterclaim due to lack of credible evidence.