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Wright v. United Parcel Service Canada Ltd., 2012 ONSC 1995 (Div. Ct.) (Rule 20 – summary judgment)

Judgment Released: March 29, 2011  Link to Judgment

A justice of the Superior Court certified a class action and granted partial summary judgment to the plaintiffs, on the same day. The defendant appealed both decisions. The defendant asked a justice of the Divisional Court to adjourn its motion for leave to appeal the certification until its appeal on summary judgment had been decided. The Divisional Court justice refused the request, holding that certification matters come first, since certification frames the proceedings, and without the certification order there can be no summary judgment.

Wright v. United Parcel Service Canada Ltd., 2012 ONSC 1995 (Div. Ct.) (Rule 20 – summary judgment)

Oakdale Kitchens Inc. v. Williams & Partners, 2011 ONSC 6417 (Div. Ct.) (Rule 30.02 – scope of documentay discovery)

Judgment Released: October 28, 2011   Link to Judgment

In determining the relevance of documents to be produced, a court may look to a forensic report on which the Statement of Claim is based. Such an approach would not mean that the scope of relevance was being determined by something other than the pleadings.

Oakdale Kitchens Inc. v. Williams & Partners, 2011 ONSC 6417 (Div. Ct.) (Rule 30.02 – scope of documentay discovery)

Carleton Condominium Corporation No. 396 v. Burdet, 2012 ONCA 234 (Rule 20 – summary judgment)

Judgment Released: April 13, 2012  Link to Judgment

The Court of Appeal upheld a grant of partial summary judgment sought by a condo corporation against a condo owner who had failed to pay condo fees. While there were several other disputes between the parties (which the trial judge ordered to be dealt with by a trial of issues rather than by summary judgment), there was no authority for the proposition that the requirement to pay condo fees under the Condominium Act was somehow suspended, and the Act explicitly provides that condo fees are payable regardless of any other disputes.

Carleton Condominium Corporation No. 396 v. Burdet, 2012 ONCA 234 (Rule 20 – summary judgment)

Schwartz v. Schwartz, 2012 ONCA 239 (Rule 20 – summary judgment)

Judgment Released: April 17, 2012   Link to Judgment

It remains an open question whether the Court of Appeal’s decision in Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA 764, applies to summary judgment motions under the Family Law Rules.

Schwartz v. Schwartz, 2012 ONCA 239 (Rule 20 – summary judgment)