Nordlund Family Retreat Inc. ats PlominskiPosted May 5, 2016
2014 ONCA 444; Lerners acted for the Appellant (Defendant in the underlying action) in this appeal of a summary judgment motion. The underlying action involved a claim by the Plaintiff that an enforceable easement agreement was entered into with the Defendant. At the motion appealed from, the Plaintiff was granted summary judgment despite strong arguments that the claim presented genuine issues for trial. In dismissing the appeal, the Court of Appeal found that the motion judge had appropriately used his powers under Rule 20.04(2.1) to weigh evidence and evaluate credibility, and that there was no error in the motion judge’s reasoning.