What is the test for determining whether an owner requested a motor vehicle improvement?

Ontario, Canada


The following excerpt is from JDM Developments Inc. v. J. Stollar Construction Ltd., 2005 CanLII 41382 (ON SC):

It would not be appropriate for a judge hearing a summary motion to try to determine a substantive issue such as whether an owner had requested the improvement. Where there is a triable issue, this issue should be left for the trial judge. See: Dearlove v. 451019 Ontario Ltd. [2002] O.J. No. 4217.

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