COURT OF APPEAL FOR ONTARIO
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
1The 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.
2The 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.
3We 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.
4In these circumstances, we see no reason to interfere with Pitt J.’s conclusion that the Minutes of Settlement are valid and enforceable.
5The appeal is dismissed with costs.
“M. A. Catzman J.A.”
“K. Feldman J.A.”
“J. C. MacPherson J.A.”