Francois Kabemba

The plaintiff, Nissan Canada Finance, brought a motion for summary judgment against the defendants for amounts outstanding on a vehicle lease.

The defendants leased a vehicle which immediately went into arrears and was later involved in an accident and sold at auction.

The defendants opposed the motion, arguing there were genuine issues for trial, including the amount owing, whether the plaintiff had to pursue insurance, and the vehicle's sale price.

The court found no genuine issue for trial, as the amounts were readily ascertainable from the contract and the plaintiff had no obligation to pursue the defendants' insurer.

Summary judgment was granted in favour of the plaintiff.

The applicant purchaser brought an emergency application for specific performance of an agreement of purchase and sale for a commercial property.

The respondent vendor failed to close the transaction on the scheduled date, citing the purchaser's lack of mortgage funds, while the vendor itself had failed to answer requisitions or prepare closing documents due to an internal corporate dispute.

The court found that the vendor's failure to perform its obligations and its implied renunciation of the contract relieved the purchaser of the requirement to tender.

The court ordered specific performance, enforcing an extension of the closing date agreed to by the vendor's ostensible representatives.