The defendant Town brought a motion for partial summary judgment to dismiss parts of the plaintiff's claim: damages for alleged breach of a mural maintenance contract and declaratory relief regarding a heritage building designation.
The court dismissed the motion for summary judgment on the damages claim, finding no efficiency in partial summary judgment in a simplified procedure case with conflicting affidavits and no cross-examination.
However, the court granted summary judgment dismissing the declaratory relief, holding that the Ontario Heritage Act provides a complete code for such matters, which the plaintiff had not followed.
