Is a motion for summary judgment an appropriate way to enforce a guarantee for liquidated damages?
Ontario, Canada
The following excerpt is from RBC v. Irfan Rahman aka Syed Shah Irfanur Rahman, et al., 2020 ONSC 7599 (CanLII):
Furthermore, a motion for summary judgment is particularly apt for claims which are not novel and claim liquidated damages. The present case fits into this category as it is an enforcement of a guarantee for liquidated damages: Bank of Montreal v. Javed, 2016 ONCA 49, at para. 20.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law where a motion for summary judgment has been granted in favour of summary judgment? (Ontario, Canada)
Does a summary judgment motion judge have the authority to grant summary judgment? (Ontario, Canada)
Can a summary judgment motion be used to obtain summary judgment in a civil case? (Ontario, Canada)
What is the role of the motions judge in deciding a motion for summary judgment? (Ontario, Canada)
Can a motion for summary judgment be dismissed or adjourned if there are outstanding undertakings on the motion? (Ontario, Canada)
Is an expert report on damages admissible in evidence for the purpose of responding to a summary judgment motion? (Ontario, Canada)
Is an affidavit from a lawyer not appropriate in support of a motion for summary judgment? (Ontario, Canada)
Is a request for leave to amend a mid-motion to a motion for summary judgment fair? (Ontario, Canada)
Is a summary judgment motion the appropriate vehicle for adjudication of claims arising from a failed real estate deal like this? (Ontario, Canada)
What is the law of summary judgment including partial summary judgment? (Ontario, Canada)
