Mark Henry Mason

The defendant, Robert G. Green Equipment Sales Ltd. (Green Equipment), brought a motion for summary judgment to dismiss the plaintiff's claim and a co-defendant's crossclaim.

The action arose from a fire that damaged an excavator, with the plaintiff alleging negligence, breach of contract/warranty, and negligent misrepresentation against both defendants.

The court found that there were genuine issues requiring a trial, including whether Green Equipment was a "seller" under the Sale of Goods Act, the extent of reliance for negligent misrepresentation, and the responsibility for servicing the excavator.

Given the disputed facts and credibility issues, the court determined that summary judgment was not appropriate and dismissed the motion.

The plaintiff, Quality Truck Bodyshop Inc., sought summary judgment against Acear Inc. and Scottish & York Insurance Co. Limited for over $300,000 in towing, tear down, and storage fees for a stolen and recovered commercial truck.

The defendants opposed, arguing that granting partial summary judgment would lead to increased costs, delays, and potential inconsistent findings, citing the three-part test from Malik v. Attia.

The court dismissed the motion for summary judgment, agreeing that it was not appropriate given the related ongoing actions and the risk of duplication or inconsistent findings.