2 total
Summary judgment set aside where motion judge reversed the onus and decided novel claims on assumed facts.
The appellant bank sued several financial institutions and insurers for approximately $100 million arising from a massive equipment leasing fraud involving forged endorsements.
The respondent financial institutions successfully moved for summary judgment dismissing the appellant's claims for negligence, unjust enrichment, and money had and received.
The Court of Appeal allowed the appeal and set aside the summary judgment, finding that the motion judge committed two fundamental errors: reversing the onus by requiring the responding party to establish a genuine issue for trial, and deciding the motions on the assumed fact that the endorsements were forged.
The Court ordered the entire action to proceed to trial, noting that novel claims should be decided on a full evidentiary record.
Judicial review of Minister's decision on milk export quotas dismissed; provincial marketing scheme held constitutional.
The applicants, a group of dairy farmers who export their milk, sought judicial review of a decision by the Minister of Agriculture and Food.
The Minister had rescinded a Tribunal order that would have allowed the applicants to export milk without holding provincial quota.
The applicants challenged the Minister's decision on administrative law grounds, including bias and inadequate reasons, and argued that the provincial milk marketing scheme was an ultra vires attempt to regulate international trade.
The Divisional Court dismissed the application, finding that the provincial scheme was a valid regulation of intraprovincial trade that only incidentally affected exports, and that the Minister's decision was not patently unreasonable, biased, or procedurally unfair.
