The defendants, vendors of a farm property, brought a motion for partial summary judgment to dismiss the plaintiff's action against them regarding an unregistered solar panel lease.
The plaintiff, who owned the solar panels, sued both the vendors and the purchaser after the purchaser denied him access to the property.
The vendors argued the purchaser had actual notice of the lease and was bound by it.
The court dismissed the motion, finding genuine issues requiring a trial due to an insufficient evidentiary record, contradictory statements in closing documents including a statutory declaration, and the risk of inconsistent findings if partial summary judgment were granted.
