Melody D. Loubert

The Court of Appeal for Ontario issued a costs endorsement following an appeal.

The respondent was awarded costs of the appeal fixed at $7,500 inclusive of disbursements and GST.

The appellant appealed a trial judgment awarding the respondent commissions for breach of contract.

The respondent had entered into an 11-month contract with the appellant to provide customs consulting services.

The trial judge found that the contract entitled the respondent to commissions for clients he acquired, even after the contract expired.

The Court of Appeal dismissed the appeal, finding no reversible error in the trial judge's interpretation that the agreement provided for commissions beyond the fixed term.

A dissenting opinion argued that commissions should only be payable for work done during the contractual term.