R. Gorrin

The plaintiff moved for summary judgment against the defendants for default on a third mortgage.

The defendants argued there was a genuine issue for trial, claiming an oral agreement that the mortgage was merely security for construction work and no payments were required.

The court held that evidence of the oral agreement was inadmissible under both the Statute of Frauds and the parol evidence rule, as it directly contradicted the clear terms of the written mortgage and guarantee.

Finding no genuine issue for trial, the court granted summary judgment for the principal amount and ordered a reference to determine the remaining amounts due.

The defendant Sidhu brought a motion for summary judgment to dismiss the plaintiff's claim of negligent misrepresentation against him.

The plaintiff alleged that Sidhu made false representations about the potential earnings and mileage for an owner-operator trucking business, which induced the plaintiff to incorporate and suffer financial losses.

The court applied the Cognos test and found that there were genuine issues requiring trial regarding the existence of a special relationship, the accuracy of the representations, negligence, reasonable reliance, and causation.

The court dismissed the motion, noting that credibility assessments were necessary, and awarded partial indemnity costs to the plaintiff.