PROCEEDINGS IN CONTRACT - Practice and procedure

Law360 Canada ( April 2, 2026, 9:40 AM EDT) -- Appeal by Millhouse Farms Inc. and Larry Millhouse (collectively, Millhouse) from a summary judgment decision granting De Lage Landen Financial Services Canada Inc. (DLL) $845,796 for a deficiency under a 2018 farm equipment lease (2018 Lease). Millhouse entered a five‑year lease with Tingley Implements Inc. for three combines and six headers, which was immediately assigned to DLL. The equipment was delivered in July 2018, and Millhouse made the first two payments and used the machinery for the 2018 harvest before returning it to Tingley in the fall. Millhouse did not make the July 2019 payment and asserted it had no further obligations due to a leasing impasse with Tingley and because it had returned the equipment. After DLL repossessed and auctioned the implements, a deficiency remained. In the summary judgment application, Millhouse argued the lease was invalid because the dealer allegedly lacked title, and the absence of a signed certificate of acceptance meant the lease never commenced. On appeal, Millhouse reframed its challenge, asserting that the judge erred by relying on extrinsic evidence, by not concluding that it was void for uncertainty, improperly overwhelming the lease wording with the factual matrix, and incorrectly interpreting the commencement date clause. It also argued that the lease was a standard form contract attracting correctness review and that the missing certificate meant there was no acceptance, no commencement, and no enforceable contract....
LexisNexis® Research Solutions

Related Sections