Law360 Canada ( August 14, 2024, 12:53 PM EDT) -- Appeal by appellants from motion judge’s decision granting partial summary judgment on issue of liability in favour of respondent and further moved for admission of fresh evidence. The appellants argued that the motion judge improperly rendered partial summary judgment rather than remitting the matter to trial. The respondent was the seller and owner of a property located in Mississauga (“Property”). The respondent entered into an Agreement of Purchase and Sale (“Agreement”) for the Property with the appellant, Ahmed2 Inc. On the closing date, Ahmed2 Inc. took the position that the respondent was in breach of the Agreement and did not close. The respondent had been unable to resell the Property. The respondent brought a motion seeking summary judgment against Ahmed2 Inc. for the purchase price of $4,750,000. The motion judge found that the summary judgment process was appropriate for determining whether there was a breach of the Agreement. The application judge found a genuine issue requiring a trial was present with respect to damages and consequently directed a trial on that issue alone. The appellants sought to introduce as fresh evidence a report issued by the City of Mississauga. The appellants alleged the fresh evidence would show the failure of the respondent to take steps to secure the zoning of the Property....