There was no genuine issue for trial

Ontario civil | Contracts

Construction and interpretation

Resolving ambiguities

There was no genuine issue for trial

Motion judge granted summary judgment. Defendant appealed. Appeal dismissed. Defendant took position that motion judge should not have granted summary judgment based on written agreement, affidavits and cross-examinations. Defendant took position that he should have found genuine issue for trial based on need to make credibility findings after hearing viva voce evidence, because of ambiguities in agreement. Motion judge interpreted contract based on terms of agreement and of security granted pursuant to agreement. Motion judge rejected position of defendant that he never intended to guarantee principal amount of funds that had been provided by plaintiff. Motion judge considered all of evidence before him in reaching his interpretation. There was no genuine issue for trial that required any further evidence.
1161267 Ontario Ltd. v. Mei (2016), 2016 CarswellOnt 18096, 2016 ONCA 881, Feldman J.A., Lauwers J.A., and Miller J.A. (Ont. C.A.); affirmed (2015), 2015 CarswellOnt 12399, 2015 ONSC 5146, Coroza J. (Ont. S.C.J.).


Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights