The plaintiff contractor brought a motion for summary judgment to enforce a consultant's certificate for payment after a fire destroyed a construction project.
The motion judge denied summary judgment but proceeded to make determinations of law on other legal issues, ordering the parties to appoint a new consultant to determine the amount owing.
The defendants appealed, and the plaintiff cross-appealed.
The Court of Appeal set aside the motion judge's order, finding that the motion judge erred by treating the summary judgment motion as a trial on the record and determining issues that should have been sent to trial.
The Court ordered all issues to be tried.
