COURT OF APPEAL FOR ONTARIO
Doherty, Laskin and Epstein JJ.A.
BETWEEN
Sutton Group-All Pro Realty Inc.
Plaintiff (Respondent)
and
Yevgeniy Kim
Defendant (Appellant)
Michael J. Panacci, for the defendant (appellant)
Howard L. Shankman, for the plaintiff (respondent)
Heard: August 11, 2014
On appeal from the judgment of Justice Mew of the Superior Court of Justice, dated February 26, 2014.
APPEAL BOOK ENDORSEMENT
1This case turns on the expanded fact-finding powers available on a summary judgment motion under the revised Rule 20. Having regard to the language of the rule as interpreted in Hryniak v. Mauldin, 2014 SCC 7, [2014] S.C.J. No. 7, we cannot say that the motion judge erred in making the findings necessary to determine the claim.
2In our view, the primary finding in dispute (whether the broker showed the property to the purchaser) was a purely factual one attracting the strong deference referred to in para. 81 of Hryniak.
3The appeal is dismissed. Costs in the amount of $5,790.00, including taxes and disbursements.
