2 total
Appeal from summary judgment dismissed as appellant failed to present specific facts showing a genuine issue for trial.
The appellant appealed a summary judgment decision regarding alleged delays in stock trades.
The Divisional Court dismissed the appeal, finding that the appellant failed to meet the evidentiary burden to show a genuine issue for trial.
The appellant relied on conclusory statements of fact and belief rather than presenting specific evidence of delay and consequent loss.
The court also rejected the appellant's argument regarding restricted cross-examination as a collateral attack on the judgment.
Appeal dismissed; landlord cannot claim commercial tenancy in court after unsuccessfully invoking residential tribunal's jurisdiction.
The appellant landlord originally applied to the Ontario Rental Housing Tribunal under the Tenant Protection Act, claiming the respondent tenant breached the Act.
The Tribunal dismissed the application.
The appellant did not appeal but instead applied to the Superior Court for a declaration that the unit was a commercial tenancy.
The motions judge dismissed the application based on issue estoppel.
The Court of Appeal dismissed the appeal, finding that the Tribunal implicitly decided the unit was residential and the appellant could not resile from its initial position relying on the Tribunal's jurisdiction.
