COURT OF APPEAL FOR ONTARIO
RE:
BONNIE LYNN MacQUARRIE and JOHN WREN (Plaintiffs/Respondents) –and– CHARLES EDWARD CACHAGEE, CENTURY 21 COTTAGE COUNTRY REALTY INC., JUDITH RANSOME, ROYAL LePAGE LAKES OF MUSKOKA INC., GARY SMITH, CORPORATION OF THE VILLAGE OF SOUTH RIVER and THOMAS C. PINCKARD (Defendants/Appellant) –and– STEWART TITLE GUARANTY COMPANY (Third Party/Respondent)
BEFORE:
O’CONNOR A.C.J.O., WEILER and GOUDGE JJ.A.
COUNSEL:
R.W. Howard Lightle
for the appellant
William F. Kelly
for the plaintiff/respondent Bonnie Lynn MacQuarrie
Benjamin Salsberg
for the plaintiff/respondent John Wren
HEARD AND ENDORSED:
January 16, 2004
On appeal from the order of Justice Norman M. Karam of the Superior Court of Justice dated January 9, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We would not interfere with the motion judge’s exercise of discretion not to enforce the settlement. There was ample evidence for the motion judge to make the findings of fact and draw the inferences that he did.
2The appeal is dismissed.
3Costs to the respondent are fixed in the amount of $10,000, inclusive of disbursements and G.S.T.