2 total
Leave to appeal summary judgment dismissal denied; credibility issues regarding limitations required a trial.
The defendants sought leave to appeal an order dismissing their motion for summary judgment and awarding the plaintiff $81,955.05 in costs.
The underlying action involved claims of software copyright infringement, which the defendants argued were barred by a quitclaim and the expiry of the limitations period.
The Divisional Court dismissed the motion for leave to appeal, finding no error in the motion judge's conclusion that the limitations and quitclaim issues required a trial to resolve credibility concerns.
The court also declined to grant leave to appeal the costs award, finding the motion judge reasonably inferred the plaintiff's costs based on the disparity between the parties' costs outlines.
Summary judgment motion dismissed due to credibility issues regarding a quitclaim and limitation period discoverability.
The defendant brought a motion for summary judgment to dismiss the plaintiff's claims regarding intellectual property rights in software, arguing the claims were barred by a quitclaim agreement and the expiry of the limitation period.
The court dismissed the motion, finding that significant credibility issues existed regarding the execution and knowledge of the quitclaim, as well as the discoverability of the claim, which could not be resolved fairly using the enhanced fact-finding powers under Rule 20.04.
The matter was directed to proceed to trial in the normal course.
