LOLG successful in appeal of summary judgment motion
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On November 2 the Ontario Court of Appeal overturned a summary judgment dismissing one of two long running actions that had been ordered to be tried together. The decision contains important guidance on the issue of partial summary judgment. The Court confirmed that concerns regarding partial summary judgment apply to related actions and not only to issues within a single action. The Court also emphasized the importance of interpreting a commercial contract by reference to its factual foundation and not just on a decontextualized record and held that the need for a further agreement does not invalidate a right of first refusal. The decision can be found here.
http://canlii.ca/t/jbc43