Heydary Hamilton PC, et al. v. De Lage Landen Financial Services Canada Inc., et al.

(Ontario) (Civil) (By Leave)


Judgments and orders - Summary judgments, Civil procedure.


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Judgments and orders – Summary judgments – Civil procedure – “Full appreciation test” developed in Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA 764 – How should judges address cases in light of forthcoming decisions of higher courts that deal with similar factual and/or legal issues? – Extent of judicial discretion granted to motions judges in summary judgment rule – Correct standard of review for determining whether a judge has appropriately granted or denied a motion for summary judgment pursuant to the summary judgment rule – Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rule 20.

The applicant law firm brought an action alleging that it was sold defective equipment by Xerox Canada Ltd. and its agent, Bay St. Documents Inc. The respondent financed the applicant's purchase by way of an equipment lease. It counterclaimed, alleging default under the lease agreement.

The respondent brought a summary judgment motion whereby it sought dismissal of the law firm's claim. The motion was dismissed, as was the respondent’s counterclaim. The motion judge held that no contract had been entered into between the respondent and the applicant law firm, either because the offer to lease had elapsed or was vitiated by events that intervened between the offer and acceptance. The Court of Appeal allowed the respondent’s appeal. Although it agreed that the existence of a contract might, generally, be an issue suited for summary judgment, it did not think the present matter constituted such a case.