COURT OF APPEAL FOR ONTARIO
RE:
WAYNE SULLIMAN and FAYE SULLIMAN (Plaintiffs (Respondents)) – and – THE ESTATE OF GLORIA VAUGHAN (Deceased), CHARLES G. VAUGHAN and JOANNE VAUGHAN, EXECUTORS OF THE ESTATE OF GLORIA VAUGHAN (Defendant (Appellant))
BEFORE:
ROSENBERG, MACPHERSON and SHARPE JJ.A.
COUNSEL:
Paul E. Trenker
for the appellant
David A. Morin
for the respondent
HEARD & ENDORSED:
November 21, 2003
On appeal from the judgment of Justice Norman M. Karam of the Superior Court of Justice dated September 17, 2002.
A P P E A L B O O K E N D O R S E M E N T
1Counsel have carefully reviewed the evidence with us. We are satisfied that the findings of fact by the trial judge are supported by the evidence and that based on those findings it was open to the trial judge to find that there was an undisclosed latent defect. Dealing with the particular issues raised by the appellant:
There was abundant evidence that the son was acting as agent for his mother. He hired Mr. Stewart, made assurances to the plaintiff and generally held himself out as his mother’s agent. In any event, the plaintiffs also had direct dealings with Mrs. Vaughan and she was found to have made false statements in the disclosure statement and in conversation with Mr. Sulliman.
It was open to the trial judge to accept Mr. Sulliman’s evidence that he was unaware of the widespread wood rot in the crawl space. We think the evidence at p. 69 in context only refers to the limited problem near the door of which the plaintiffs were aware.
It was also open to the trial judge to accept that Mr. Vaughan knew of the widespread wood rot in the crawl space and that this was a latent defect
2Accordingly, the appeal is dismissed with costs fixed at $10,000 inclusive of G.S.T. and disbursements.