“As was noted by this court in Leone v. University of Toronto Outing Club, 2007 ONCA 323 (CanLII), at para. 2, it is well-established that, in general, an order dismissing a motion for summary judgment is not a final order because a decision under Rule 20 determines only that a genuine issue requiring a trial exists. Accordingly, to the extent that a motion judge may purport to make findings of fact in reasons for judgment dismissing a Rule 20 motion, such findings do not have binding effect:
An order dismissing a motion for summary judgment brought under Rule 20 is not a final order in that it determines only that there are genuine issues for trial. Consequently, any apparent findings of fact made by this motion judge in the course of his reasons for dismissing the motion for summary judgment do not support a res judicataor issue estoppel claim in the subsequent proceedings: see V.K. Mason Construction Ltd. v. Canadian General Insurance Group Limited(1998), 1998 CanLII 14615 (ON CA), 42 O.R. (3d) 618 (C.A.).”
Ashak v. Ontario (Family Responsibility Office), 2013 ONCA 375 (CanLII) at 7