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Court Dismisses Appeal of a Partial Summary Judgment

Posted on July 3, 2018 | Posted in Civil Litigation, Five Liners

Boudreau Commercial Contracting Inc.  v. Caruana 2018 Ont CA

The motions judge noted that the plaintiff established and outstanding shareholder loan and that the only question was whether it had been reduced or eliminated before a particular date. The judge considered that an accounting exercise and that a trial was unnecessary. He held, and the Court of Appeal agreed, that there was no risk of inconsistent findings being made at trial. While certain deductions needed a trial for determination, there was no genuine issue for the others and, after deducting the deductions needing a trial, there was no reason why partial summary judgment for the remainder should not be granted.

 

Jonathan Speigel

 

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.

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