COURT OF APPEAL FOR ONTARIO
RE: WOODMANN REALTY LTD. (Plaintiff/Appellant)
v. THEODORE A. KUDLAC, WILLIAM J. KUDLAC and
KENNETH R. MOORE (Defendants/Respondents)
BEFORE: CARTHY, CHARRON and ROSENBERG JJ.A.
COUNSEL: Joseph R. Henderson,
for the appellant
John Broderick, Q.C. and Andrew Brown,
for the respondent
HEARD: February 16, 2000
On appeal from the decision of Mr. Justice G. G. Nicholls dated
April 28, 1998
E N D O R S E M E N T
1The appellant’s first two points depend on the
interpretation of the authority to sell. As to the first point,
in our view the term “introduce” could not refer to a prior
introduction and, therefore, could not apply to the sale to
Moore. As to the second point, the phrase “show the said
property”, in the circumstances of this case, cannot reasonably
refer to merely showing financial statements to Moore. The trial
judge found that the authority to sell was not intended to apply
to a sale to Moore who had already been dealing with the
respondents for a considerable period of time prior to the
signing of the authority to sell. That finding is supported by
the evidence.
2As to the appellant’s final point, the trial judge adopted a
test for the effective cause of the sale that was very favourable
to the appellant. We have not been persuaded that he erred in
the application of that test to these facts when he found that,
while Christopher provided some assistance to Moore, with whom he
had a longstanding relationship, he was not the effective cause
of the sale by the respondents to Moore.
3Accordingly, the appeal is dismissed with costs. The money
paid into court shall be paid out to the respondents Theodore A.
Kudlac and William J. Kudlac.
(signed) "J. J. Carthy J.A."
(signed) "Louise Charron J.A."
(signed) "M. Rosenberg J.A."