Can a summary judgment motion be used to determine whether a freehold owner is a statutory owner?
Ontario, Canada
The following excerpt is from Industrial Refrigerated Systems v Quality Meat Packers, 2015 ONSC 4545 (CanLII):
I believe that there will be cases where the issue about whether the freehold owner is a statutory owner can be truly and fairly be decided on a summary judgment motion using the approach mandated by Hryniak v. Mauldin, but this is not one of them. I believe that there will be cases where the timeliness of a lien claim and the calculation of the amount of it can be decided on a summary judgment motion, but this is not one of those cases.
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