Edward L. D’Agostino

The appellants appealed a trial judgment finding that an oral agreement existed between the parties.

The agreement provided that the respondent would provide exclusive management services to the appellants' retirement residences in exchange for a 5% value-added equity position upon termination.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusion, which was supported by objective evidence, surrounding circumstances, and the history between the parties.