COURT OF APPEAL FOR ONTARIO

DATE: 20001023

DOCKET: C34099

RE: INA MARIAN VANDERLUGT and DANIEL VANDERLUGT (Plaintiffs (Respondents)) v. MARYANN KUYUMCUOGLU and HAGOP KUYUMCUOGLU (Defendants (Appellants))

BEFORE: CATZMAN, FELDMAN AND MACPHERSON JJ.A.

COUNSEL: Hagop Kuyumcuoglu

Appellant in person

Susan Metzler

For the respondent

HEARD: October 18, 2000

On appeal from the order of Justice Romain W.M. Pitt, without a jury, dated January 24, 2000.

E N D O R S E M E N T

[1] The appellants appeal from the decision of Pitt J. dated January 24, 2000 in which he enforced the Minutes of Settlement signed by the parties on June 28, 1999.

[2] The principal ground of appeal is that the appellant, Maryann Kuyumcuoglu, did not sign the Minutes of Settlement and, in fact, did not agree with their contents.

[3] We cannot agree with this submission. The appellant, Hagop Kuyumcuoglu, signed the Minutes of Settlement on behalf of his mother. Throughout the mediation he was formally representing his mother as her agent. Moreover, both defendants were represented at the mediation by Kirkor Apel, their counsel.

[4] In these circumstances, we see no reason to interfere with Pitt J.’s conclusion that the Minutes of Settlement are valid and enforceable.

[5] The appeal is dismissed with costs.

“M. A. Catzman J.A.”

“K. Feldman J.A.”

“J. C. MacPherson J.A.”