DATE: 20020214 DOCKET: C33566

COURT OF APPEAL FOR ONTARIO

RE:

GEORGE TSUI (Plaintiff/Respondent) v. QUICK MOTION LTD. (Defendant/Appellant)

BEFORE:

FINLAYSON, CARTHY and CRONK JJ.A.

COUNSEL:

James Van Wiechen

for the appellant

Jack Zwicker

for the respondent

HEARD:

February 12, 2002

On appeal from the judgment of Justice R. Boyko dated December 23, 1999.

E N D O R S E M E N T

Released Orally: February 12, 2002

[1] We agree that there was ample evidence to support the trial judge’s finding that consent in writing was given by the vendor to the lease of the premises. In our view, the purported withdrawal of that consent by the vendor was ineffective. In consequence, it is unnecessary to deal with the other issues raised on appeal. The respondent is entitled to his costs of the appeal fixed, on consent, in the amount of $5,000 and the further amount of $1,000 in respect of the earlier motion by the appellant to extend the time for perfection of the appeal.

“G.R. Finlayson J.A.”

“J.J. Carthy J.A.”

“E.A. Cronk J.A.”