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Civil Litigation Cases - Summary Judgment - Partial (3)

. Canada One Family Network v. Cach Platform Inc.

In Canada One Family Network v. Cach Platform Inc. (Ont Div Ct, 2025) the Ontario Divisional Court dismissed a commercial tenant's appeal, this brought against "an order terminating Canada One’s lease with Cach, granting Cach possession of the Property, ordering that Canada One pay Cach any arrears of rent and rent up to the date that Cach gained possession of the property and declaring that Ms. Zhu had no signing authority or control over Cach’s bank account at the Royal Bank and declaring that Wah Hui Lam, the principal of Cach had sole signing authority and control regarding that bank account".

Here the court considered 'partial summary judgment':
[24] The Appellants submit that the motion judge erred in law in granting partial summary judgment. According to the Court of Appeal partial summary judgment is a “rare procedure that should be sparingly invoked”. The reason for this is two-fold. First, instead of fostering timely and affordable justice, partial summary judgment motions can increase both delay and costs. Second, partial summary judgments can increase the danger of inconsistent findings being made at trial when there is a more complete record: see Way v. Schrembri, 2020 ONCA 691, 8 B.L.R. (6th) 158, at para. 16.

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Last modified: 04-12-25
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