The appellant challenged a partial summary judgment arising from a dispute over whether an oral agreement had been made in the spring of 1997 and whether its terms were breached.
The majority held that the existence and terms of the alleged oral agreement raised a genuine issue requiring a trial.
The court concluded that only after those factual issues were resolved could the legal enforceability of the agreement be determined.
The appeal was allowed, the partial summary judgment was set aside, and the respondent's summary judgment motion was dismissed with costs to the appellant.
