In the recent Ontario Superior Court of Justice decision in 2147191 Ontario Inc. v. Springdale Pizza Depot Ltd., the plaintiffs
brought a partial summary judgment motion seeking to rescind a franchise agreement under the Arthur Wishart Act (Franchise Disclosure), 2000 (the «Act»).
Not exact matches
[1] The plaintiff in this case
brought a motion for
partial summary judgment alleging breach of the Copyright Act, R.S.C. 1985, c. C - 42.
The recent Ontario Superior Court of Justice decision in 2337310 Ontario Inc. v. 2264145 Ontario Inc., 2014 ONSC 4370, addressed a
partial summary judgment motion
brought by the franchisee of a cafe seeking a declaration that it was entitled to exercise its right of rescission under the Arthur Wishart Act (Franchise Disclosure), 2000 («the Act»).
The Ontario Court of Appeal in Butera v. Chown, Cairns LLP, 2017 ONCA 783, recently overturned an award of
partial summary judgment in a professional negligence action and provided guidance on the appropriate circumstances in which
partial summary judgment motions should be
brought.
[23] When
bringing a motion for
partial summary judgment, the moving party should consider these factors in assessing whether the motion is advisable in the context of the litigation as a whole.