The defendant Lumipro Inc. sought summary judgment to dismiss the action, arguing the plaintiff Maxrelco Inc. lacked standing as it was a shareholder, not the property owner, and that Lumipro was only hired for repairs, not maintenance.
Maxrelco Inc. brought a cross-motion to amend its Statement of Claim to correct a misnomer, changing the plaintiff to Maxrelco (Immeubles) Inc., the actual property owner.
The court granted Maxrelco's cross-motion, finding it was a misnomer and caused no prejudice to the defendant.
Consequently, the court dismissed Lumipro's summary judgment motion, determining there was a genuine issue requiring a trial regarding the cause of the fire and Lumipro's alleged negligence in sign repair and maintenance.
