The plaintiff, Powerone Solutions Inc., brought a motion for summary judgment seeking damages for breach of contract against the defendant, Trans-Tec Inc. The contract involved the sale of fixed assets and inventory, with a 'time is of the essence' clause.
The defendant argued that the plaintiff breached the contract by failing to provide access to the assets until July 31, 2018, due to a landlord lockout, and raised defenses of contract ambiguity, frustration, and set-off.
The court found a genuine issue requiring a trial regarding the interpretation of the contract, particularly concerning access to assets and the application of the parol evidence rule.
The court also determined that the issue of estoppel by convention and the effect of document destruction required a trial.
Consequently, the motion for summary judgment was dismissed, with costs to be addressed separately.
