Court of Appeal for Ontario

Citation: 2249740 Ontario Inc. v. Morguard Elgin Ltd., 2016 ONCA 233

Date: 2016-03-31

Docket: C59998

Judges: Feldman, Simmons and Miller JJ.A.

Between:

2249740 Ontario Inc.

Plaintiff (Respondent)

and

Morguard Elgin Ltd. and Morguard Corporation

Defendants (Appellants)

Counsel:

J. Scott Maidment and Stephen Brown-Okruhlik, for the appellants

Ronald F. Caza and Anne M. Tardif, for the respondent

Heard: August 24, 2015

On appeal from the order of Justice Marc R. Labrosse of the Superior Court of Justice, dated January 14, 2015, with reasons reported at 2015 ONSC 299.

ADDENDUM

[1] This court released reasons on September 10, 2015 setting aside the motion judge’s decision granting summary judgment. In those reasons, the court requested further written submissions from the parties in order to avoid sending the matter back for a new summary judgment motion. Following the receipt of the submissions, on February 3, 2016, the court awarded judgment in favour of the respondent and remitted the matter “back to the motion judge for quantification of damages, if any” (at para. 9).

[2] Counsel now advise that both parties agree that, in the circumstances of this case, the quantification of damages, if any, should be remitted to a judge other than the original motion judge. The parties therefore ask the court to modify paragraph 9 of the February 3, 2016 endorsement to state that the matter is “remitted to a different judge of the Superior Court of Justice for quantification of damages, if any”.

[3] In accordance with that request, paragraph 9 of the endorsement dated February 3, 2016 should now read:

[9] Having previously set aside the decision of the motion judge, judgment shall go in favour of the respondent for breach of contract by the appellants. The matter is remitted to a different judge of the Superior Court of Justice for quantification of damages, if any.

“K. Feldman J.A.”

“J.M. Simmons J.A.”

“B.W. Miller J.A.”