The moving parties sought summary judgment dismissing third party claims and cross‑claims arising from flood damage in a Toronto office tower allegedly caused by a plumbing failure and monitoring issues with a building automation system.
The responding parties alleged that the moving parties, as building owner or property manager, were liable in contribution and indemnity or owed independent duties in tort.
The court found the claims were premised on factual errors regarding corporate roles and ownership, and that the property manager was protected by a limitation of liability clause in the tenants’ leases that barred claims for contribution or indemnity.
The responding parties produced no evidence establishing a genuine issue for trial, and a proposed amendment to plead an independent tort was unsupported and limitation‑barred.
Summary judgment was therefore granted dismissing the claims against the moving parties and the motion to amend was refused.
