Roman Krupnyk

The appellants, a developer, appealed from a summary judgment that dismissed claims for conspiracy and negligent and fraudulent misrepresentation against appraisers, and ordered a mini-trial on claims of negligence, inducing breach of contract, and intentional interference with economic relations.

The Court of Appeal upheld the dismissal of the conspiracy and misrepresentation claims, finding no reasonable reliance and no evidence of conspiracy.

The court also set aside the mini-trial order and dismissed the remaining claims, finding they had no possibility of success due to lack of reliance, absence of unlawful conduct, and expiration of the limitation period.

The defendants Robert Stewart and Indicom Appraisal Associates Ltd. brought a motion for summary judgment to dismiss the plaintiffs' action.

The plaintiffs, Correct Building Corporation and Correct Group Inc., claimed damages under various causes of action, including civil conspiracy, negligent or fraudulent misrepresentation, negligence, unlawful interference with economic relations, and inducing breach of contract, stemming from an appraisal of the Allandale Station lands prepared for the City of Barrie.

The court dismissed the claims for civil conspiracy and negligent or fraudulent misrepresentation, finding no genuine issue for trial.

However, the court found genuine issues requiring a mini-trial for the remaining claims (negligence, inducing breach of contract, wrongful interference with economic relations) concerning the limitation period and the enforceability of the Preliminary Agreement, particularly regarding the role of an agent and the impact of environmental/archaeological issues on property value.