G. Graham

The plaintiff moved for summary judgment to enforce repayment of a $250,000 loan agreement.

The defendant opposed, arguing the loan was modified by oral agreements and that the plaintiff's son had diverted the wood flooring intended as security.

The defendant also issued a counterclaim against the plaintiff, his son, and related corporate entities.

The court dismissed the motion, finding that the issues were inextricably connected to the counterclaim and that a trial was required to resolve complex factual disputes and credibility issues.

The plaintiff in a class action regarding alleged over-recovery of fuel surcharges by the defendant railway company brought a motion for documentary production and to compel answers to questions refused on cross-examination.

The defendant had brought a motion for summary judgment based on narrow legal grounds, arguing that the Canada Transportation Act is a complete code and that the claims are statute-barred or disclose no cause of action.

The court dismissed the plaintiff's motions, finding that the requested production and answers related to the factual issue of over-recovery, which was irrelevant to the purely legal issues raised in the defendant's summary judgment motion.

The court also accepted the defendant's evidence that the specific data requested by the plaintiff did not exist and would require complex, arbitrary allocation to create.