Contractual provision at issue could not be determined separately from contract itself

Civil practice and procedure - Disposition without trial - Preliminary determination of question of law or fact

Plaintiff homeowner brought action against defendant contractor, for breach of contract and negligence. Contractor moved to dismiss cause of action, as being barred by contract. Contractor's motion was under rule allowing determination of question of law. Motion was granted. Homeowner appealed from motion judgment. Appeal allowed. Contractual provision at issue could not be determined separately from contract itself. Contract was not provided to motion judge. Intentions of parties could not be determined.

Jacobs v. Leboeuf Properties Inc. (2019), 2019 CarswellOnt 10497, 2019 ONCA 551, Huscroft J.A., Trotter J.A., and Zarnett J.A. (Ont. C.A.); reversed (2018), 2018 CarswellOnt 14195, 2018 ONSC 4795, Dietrich J. (Ont. S.C.J.).

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