The appellant appealed a summary judgment dismissing his claim for damages against the respondents for breach of contract.
The appellant had an agreement with the deceased respondent granting him an option to purchase a valuable painting upon the deceased's death.
The deceased sold the painting before his death, breaching the contract.
The motion judge dismissed the claim on the basis that the appellant failed to prove he had the financial means to exercise the option.
The Court of Appeal allowed the appeal, finding that the motion judge erred by assuming the role of a trial judge and that there were genuine issues for trial, including the proper option price and whether the appellant needed to show he had the means to purchase the painting.