Court File and Parties

COURT FILE NO.: CV-18-00609957

DATE: 20210409

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: MADISON HOMES CORNELL ROUGE LIMITED Plaintiff

AND:

JIANG Defendant

BEFORE: Mr. Justice Chalmers

COUNSEL: S. Greaves, for the Plaintiff R. He, for the Defendant

HEARD: April 9, 2021, by teleconference

Endorsement

[1] This action arises out of a sale of a subdivision house that did not close. The Plaintiff/Developer seeks damages arising out of breach of contract. The Defendant/Purchaser alleges undue influence.

[2] The Plaintiff brings this motion for summary judgment. This matter came before Justice Myers at CPC on January 26, 2021. In his endorsement of the same date, he stated that it was too early to tell whether the case is well suited for summary judgment or perhaps a summary trial or mini trial on one or more issues. He convened a case conference to take place after the cross-examinations are held to obtain the input of a judge on the format for the hearing of the motion.

[3] The motion records and been exchanged and the cross-examinations were completed by March 26, 2021. Counsel both take the position that the factual issues are fairly discrete, and that the matter is appropriate for summary judgment. I agree.

[4] I schedule the motion for August 11, 2021 for a half-day. I establish the following timetable for the remaining steps:

(a) The Defendant intends to bring a motion with respect to questions refused on the cross-examinations. The Defendant shall serve its Notice of Motion by April 23, 2021. The motion is to be heard on the first date available from the Masters’ office;

(b) The moving party’s factum to be delivered by July 28, 2021;

(c) Responding party’s factum to be delivered by August 4, 2021;

(d) Reply factum, if any to be delivered by August 6, 2021; and

(e) Hearing August 11, 2021.

[5] I remain seized of this matter with respect to any issues involving the timetable.

DATE: April 9, 2021