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

[1] The 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.

[2] The trial judge was entitled to make the findings she did, and she made no palpable and overriding error in doing so.

[3] Accordingly, the appeal is dismissed with costs fixed in the amount of $3,500, inclusive of disbursements and G.S.T.