21 Apr 2023
474294 Ontario Ltd. v Robert Green Equipment Sales Ltd.
The case of 474294 Ontario Ltd. v Robert Green Equipment Sales Ltd., dated April 21, 2023, involved a Kobelco 350LC Excavator that had been damaged by a fire caused by a mispositioned DPF temperature sensor. The plaintiff, 474294 Ontario Ltd. o/a Northern Machinery Services, had brought a lawsuit against two defendants, Robert G. Green Equipment Sales Ltd. and Road-Ex Contracting Ltd., for negligence, breach of contract, breach of warranty, and negligent misrepresentation. The defendants had also filed crossclaims against each other. One defendant, Green Equipment, had filed a motion for summary judgment to dismiss the plaintiff's claim and a crossclaim by another party. However, the judge had ruled that the case was not suitable for summary judgment as there were unresolved issues that required a trial, leading to the dismissal of Green Equipment's summary judgment motion.