COURT OF APPEAL FOR ONTARIO
RE: CONFEDERATION LIFE INSURANCE COMPANY (Respondent)
–and– KATHERINE HILL SHOP LIMITED (Appellant)
BEFORE: CATZMAN, LASKIN and ROSENBERG JJ.A.
COUNSEL: Alan J. Lenczner, Q.C., for the appellant
Kenneth W. Crofoot, for the respondent
HEARD: January 13, 2000
On appeal from the judgment of Sachs J., dated February 24, 1999.
E N D O R S E M E N T
1There is a dispute between the parties whether an oral
agreement was or was not made between them in the spring of 1997
and whether, assuming that there was such an agreement, the
respondent can be found to be in breach of its terms.
2It is the view of Catzman and Laskin JJ.A. that that
dispute constitutes a genuine issue that must be addressed at a
trial and that, only after it is decided that there was such an
agreement and what the terms of that agreement were, can the
legal question be addressed whether the agreement is enforceable
as a matter of law. It is the dissenting view of Rosenberg J.A.
that the oral agreement alleged by the appellant is, at its
highest, an agreement to agree which is, in law, unenforceable.
3The appeal is allowed, the partial summary judgment is set
aside and, in its place, an order will go dismissing the
respondent’s motion for summary judgment. The appellant is
entitled to its costs of the motion and of the appeal.
Signed: “M.A. Catzman J.A.”
“John Laskin J.A.”
“M. Rosenberg J.A.”