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

Adverse cost insurance does not eliminate risk of costs award against plaintiffs, says lawyer

Toronto School of Management offers accreditation exam preparation program for international lawyers

Kotak Personal Injury Law opens new Timmins office

Incoming OBA President Charlene Theodore to focus on legal workplaces

Management-employee communication key to preventing discrimination in the workplace: lawyer

Legal tech filling supply gap in wills, trusts and estate planning

Most Read Articles

Legal tech filling supply gap in wills, trusts and estate planning

Family court must wait for conclusion of refugee claim before granting return order: Court of Appeal

Adverse cost insurance does not eliminate risk of costs award against plaintiffs, says lawyer

Incoming OBA President Charlene Theodore to focus on legal workplaces