COURT OF APPEAL FOR ONTARIO
RE: TORONTO CONGRESS CENTRE Plaintiff (Respondent) – and MACLAREN McCANN CANADA INC. and GENERAL MOTORS OF CANADA LIMITED Defendants (Appellants)
BEFORE: MORDEN, LABROSSE and GOUDGE JJ.A.
COUNSEL: Darilynn Allison for the appellants
Nina Bombier for the respondent
HEARD: April 9, 2003
On appeal from the order of Justice Harvey Wilton-Siegel of the Superior Court of Justice dated November 13, 2002.
A P P E A L B O OK E N D O R S E M E N T
1We do not think that the motion judge erred with respect to his decisions on the issues raised in this appeal.
2Respecting liability, the issue turned on the interpretation of the contract. We agree with the motion judge’s interpretation.
3Respecting damages, specifically, mitigation, we think that the evidence supports the motion judge’s conclusion that cross-examination was not necessary. The evidence on this issue was not solely available to the plaintiff. It was not unjust to grant summary judgment. Appeal dismissed with costs fixed at $3,750.
“J.W. Morden”