The appellant, Turtle Creek Landscape Inc., appealed the dismissal of its action on summary judgment.
The appellant had sued the respondents for damages alleging defects in a truck it claimed to have purchased.
The motion judge found that the actual purchaser of the vehicle was Roberto Imbiscuso, not Turtle Creek, as evidenced by the vehicle purchase agreement, warranty documentation, and title registration.
The Court of Appeal upheld the dismissal, finding no error in the motion judge's application of summary judgment principles and no evidence supporting the appellant's claims regarding required repairs, payment for repairs, or odometer tampering.