Law360 Canada ( February 5, 2025, 8:29 AM EST) -- Appeal by appellant from summary judgment motion in favour of the respondent. A sudden electrical failure at the appellant's property in Niagara Falls caused a complete power outage. The respondent was hired to restore power, which involved de-energizing and removing two transformers, connecting the property to temporary generators, and replacing damaged electrical switchgear. However, when the original transformers were tested, they failed to meet the standards for re-energization, necessitating the installation of replacement transformers by the respondent. The appellant initially paid the respondent approximately $700,000 for its services, funded by its insurer. However, the insurer ceased payments after reports questioned liability for the incident and the damages associated with the improper storage of the de-energized transformers. Consequently, the appellant refused to pay the respondent's subsequent invoices, leading the Respondent to sue for unpaid invoices and ongoing costs, including storage fees for the original transformers. The appellant opposed the respondent's summary judgment motion, arguing contributory fault and the risk of inconsistent findings with a related subrogated claim by the insurer. The motion judge granted summary judgment in favour of the respondent, ordering the appellant to pay nearly $1 million for unpaid invoices. The appellant appealed, contending that the motion judge erred by not considering contributory fault as a defense and failing to recognize genuine issues for trial....