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.).
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.).
