Kenneth R. Peel

The defendant municipality brought a motion for summary judgment to dismiss the plaintiff railway company's action for unpaid invoices relating to railway crossing upgrades.

The defendant argued that the plaintiff's claim was barred by issue estoppel and res judicata, as a prior arbitration award between the same parties had already determined that the plaintiff made a material misrepresentation by failing to disclose that federal funding would not cover certain overhead charges.

The court agreed, finding that the issues in the current action were identical to those decided in the arbitration, and dismissed the plaintiff's claim as there was no genuine issue requiring a trial.

Following a prior decision granting summary judgment to the plaintiff against one defendant, the court determined the quantum of costs payable.

The plaintiff relied on a valid Rule 49 offer to settle and sought substantial indemnity costs after the offer and partial indemnity costs before it.

The court reviewed the reasonableness of the fees claimed, reduced certain hours and travel expenses, and apportioned costs to reflect that judgment was obtained only against one defendant.

Applying the appropriate indemnity scales and reductions, the court fixed the total recoverable fees, taxes, and disbursements.

The plaintiff freight broker brought a subrogated action for $60,000 after a shipment of frozen food was lost in transit between Illinois and Ontario.

The plaintiff moved for summary judgment against the defendant carrier, Load Solutions Inc. The court found that the plaintiff had adduced sufficient evidence to prove the contract of carriage and the carrier's failure to deliver the goods.

The defendant failed to put its best foot forward or provide evidence to raise a genuine issue requiring a trial.

The motion for summary judgment was granted.