Geertsema ats MusyokiPosted May 5, 2016
2015 ONCA 643; Lerners acted for the Respondents in this appeal of a dismissal on summary judgment. The action arose out of an easement at the rear of property purchased by the Appellant from the Respondents, and whether the Respondents misrepresented the nature of the easement prior to the sale. The motion judge granted the Respondents’ motion for summary judgment. The Court of Appeal upheld the dismissal, as the Appellant had failed to adduce any evidence to support the claims of misrepresentation.