The defendant, Robert G. Green Equipment Sales Ltd. (Green Equipment), brought a motion for summary judgment to dismiss the plaintiff's claim and a co-defendant's crossclaim.
The action arose from a fire that damaged an excavator, with the plaintiff alleging negligence, breach of contract/warranty, and negligent misrepresentation against both defendants.
The court found that there were genuine issues requiring a trial, including whether Green Equipment was a "seller" under the Sale of Goods Act, the extent of reliance for negligent misrepresentation, and the responsibility for servicing the excavator.
Given the disputed facts and credibility issues, the court determined that summary judgment was not appropriate and dismissed the motion.
