DATE: 20050519
DOCKET: C40794
COURT OF APPEAL FOR ONTARIO
RE:
JAMES M. REGAN (Plaintiff/Respondent) -and- DOUGLAS MILLER (Defendant/Appellant)
BEFORE:
CATZMAN, LABROSSE and MOLDAVER JJ.A.
COUNSEL:
Robert B. Cohen
for the appellant
William G. Scott
for the respondent
HEARD AND ENDORSED:
May 19, 2005
On appeal from the judgment of Justice Nancy L. Backhouse of the Superior Court of Justice dated September 23, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The trial judge found that there was no deceit practised on the appellant and that he understood the terms of the agreement. Even assuming that the appellant assumed a different understanding of the agreement, he abided by its terms for fourteen years before asserting the position he now takes.
2The trial judge was entitled to make the findings she did, and she made no palpable and overriding error in doing so.
3Accordingly, the appeal is dismissed with costs fixed in the amount of $3,500, inclusive of disbursements and G.S.T.