Ontario civil | Administrative Law
Natural justice
Endorsement of motions judge failed to meet minimum standards
Dispute between parties involved liability for basic structural consulting services provided by respondent to appellants. Summary judgment was granted in favour of respondent. Appellant’s counterclaim was dismissed. Appellant appealed. Appeal allowed. Judgment was set aside. Reasons of motions judge were deficient. Motions judge gave no meaningful reasons for decision. Endorsement of motions judge failed to meet minimum standards and amounted to failure by motion judge to give any reasons. Court could not conduct meaningful review of endorsement of motion judge given its inadequacy. It was not fair to decide claim and counterclaim on record before court.
Read Jones Christoffersen Ltd. v. Neilas Inc. (Apr. 28, 2016, Ont. C.A., John Laskin J.A., S.E. Pepall J.A., and David Brown J.A., CA C60909) 265 A.C.W.S. (3d) 830.
Endorsement of motions judge failed to meet minimum standards
Dispute between parties involved liability for basic structural consulting services provided by respondent to appellants. Summary judgment was granted in favour of respondent. Appellant’s counterclaim was dismissed. Appellant appealed. Appeal allowed. Judgment was set aside. Reasons of motions judge were deficient. Motions judge gave no meaningful reasons for decision. Endorsement of motions judge failed to meet minimum standards and amounted to failure by motion judge to give any reasons. Court could not conduct meaningful review of endorsement of motion judge given its inadequacy. It was not fair to decide claim and counterclaim on record before court.
Read Jones Christoffersen Ltd. v. Neilas Inc. (Apr. 28, 2016, Ont. C.A., John Laskin J.A., S.E. Pepall J.A., and David Brown J.A., CA C60909) 265 A.C.W.S. (3d) 830.
