Not exact matches
The appellate court
reasoned that a lower court couldn't grant
summary judgment on a basis not presented in the
motion.
The judge hearing the
summary judgment motion held that there was no genuine issue requiring a trial for the following
reasons: (i) there was no evidence that anyone died
on the property, either by natural causes or some criminal act; (ii) the vendor was not required to disclose that someone had died
on the property or that the property may be haunted; (iii) there was no evidence as to how the purchaser could prove... Read More
[28] Third, judges, who already face a significant responsibility addressing the increase in
summary judgment motions that have flowed since Hryniak, are required to spend time hearing partial
summary judgment motions and writing comprehensive
reasons on an issue that does not dispose of the action.
However, while writing his
reasons, the
motion judge decided to resolve the
motions on a fifth basis: he would grant a notional cross-
motion by the respondents for partial
summary judgment of their claim for breach of fiduciary duty and order a trial or additional
summary judgment motions to prove victimization, harm and causation of harm, and to quantify the individual respondents» damages, if any.