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.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

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

Ottawa Law taps Orlando Da Silva for mental health programme

2019 shook up everything from tribunals to the MAG

Why litigation financiers are flocking to Canada

Fasken to donate $125,000 to Pro Bono Ontario

Legal clinics anxiously await outcome of funding reconsideration hearings

Lawyers with the best client reviews reach out early and often

Most Read Articles

The top stories impacting lawyers now — Ontario’s 2019 legal year in review

Legal clinics anxiously await outcome of funding reconsideration hearings

Lawyers with the best client reviews reach out early and often

2019 shook up everything from tribunals to the MAG