The appellant hospital appealed a partial summary judgment awarding the respondent architectural firm over $1 million in a construction lien action.
The motion judge had relied on an 'admission' letter sent by the hospital following a pre-trial conference.
The Divisional Court allowed the appeal and set aside the summary judgment, finding that the motion judge erred by relying on the pre-trial communication contrary to Rule 50.03 of the Rules of Civil Procedure.
The Court also found that affidavit evidence from a peer-review architect raised a genuine issue for trial regarding the completion of the contract and the validity of the invoices.
