In 1599669 Ontario Inc. (Springlakes.ca.inc.) v. 1617798 Ontario Inc., 2011 ONCA 531, the Ontario Court of Appeal (Doherty, Laskin and Simmons JJ.A.) dismissed the plaintiff’s appeal of the judgment of Justice J. E. Kelly of the Superior Court of Justice dated November 13, 2008. In the courts brief reasons, they disagreed with the appellant’s submission that the motion judge went beyond the former Rule 20 and made findings of fact and credibility determinations, stating “Even under the former Rule 20, motion judges had a limited power to make findings in the context of determining whether there was a genuine issue for trial. We are not convinced that the motion judge went beyond the power given the material that was before her”.
Heydary Hamilton PC has been involved in a substantial number of summary judgment motions, including a number of leading cases. Here is a sample of cases where we have acted for clients succeeding in motions for summary judgment:
Bruno Appliance v. Cassels Brock & Blackwell LLP, 2010 ONSC 5490
Harster Greenhouses v. Visser International, 2011 ONSC 2608
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