Resolution of credibility issues required trial

Ontario civil | Civil Practice and Procedure | Summary judgment | Requirement to show no triable issue

Plaintiff widened her driveway and placed fence. Plaintiff then put house on market and entered into agreement of purchase and sale. Defendant’s moved fence onto plaintiff’s driveway, claiming that plaintiff moved it when she replaced it. Plaintiff sold house, but for less than had been agreed upon with original purchasers. Plaintiff sued defendants for inducing breach of contract, nuisance and trespass. Defendants brought motion for summary judgment. Motion dismissed. Action involved issues of credibility, which could not be resolved on this record. Resolution of issues required trial. Case involved large number of witnesses. If issues raised on this motion were not resolved in defendant’s favour after hearing oral evidence, further evidence would have to be heard on issue of whether purchasers breached their agreement with plaintiff.

Himidan v. 2546579 Ontario Inc. (2018), 2018 CarswellOnt 9127, 2018 ONSC 3537, Schreck J. (Ont. S.C.J.).

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

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights