Motion:

• Plaintiff sought summary judgment to:
  1. Declare the breach of trust claim uncompromised under section 50(15) of the Bankruptcy and Insolvency Act (BIA).
  2. Obtain $72,960.09, the remaining balance owed.

Background:

• Atlas supplied $103,931.75 worth of equipment/services.
• Gestion Pontiac Inc., directed by Blanchard and Wodicka, failed to pay Atlas, using funds elsewhere.
• Gestion's BIA proposal, accepted by creditors, paid Atlas $30,971.66 and included a compromise releasing director claims.
• Atlas later claimed breach of trust under the Construction Act for the balance.

Legal Points:

• Construction Act: Sections 8(1), 8(2) create a trust fund; Section 13(1) holds directors liable for breach of trust.
• BIA: Section 50(15) allows setting aside director claim compromises for misrepresentation or wrongful conduct.

Court's Analysis:

• Summary judgment requires no genuine trial issue.
• Factual issues needing trial include:
  • Defendants’ knowledge and conduct regarding trust funds.
  • Misrepresentation or wrongful conduct.
  • Plaintiff’s understanding of the compromise.
• These mixed fact-law questions necessitate a trial.

Decision:

• Summary judgment denied; the case proceeds to trial.
• Parties to request a pre-trial date if unable to agree on costs.

Conclusion:

• Motion dismissed; issues to be resolved in a full trial.
• No monetary award specified.

Successful Party:

• No Successful Party Yet: The court denied the motion for summary judgment, meaning the case will proceed to a full trial. As such, there is no successful party at this stage.