COURT OF APPEAL FOR ONTARIO
RE:
ROBERT BRYANT (Plaintiff/Appellant) – and – BRIAN E. TURNER and THORNBROOK INTERNATIONAL CONSULTANTS INC. (Defendants/respondents)
BEFORE:
MOLDAVER, BLAIR and LAFORME JJ.A.
COUNSEL:
James J. Feehely
for the plaintiff /appellant
Richard J. Payne
for the defendants/respondents
HEARD & RELEASED ORALLY:
January 28, 2005
On appeal from the judgment of Justice Robert N. Weekes dated June 10, 2003.
E N D O R S E M E N T
1The trial judge accepted Mr. Turner’s evidence and found on the basis of that evidence that the agreement was a conditional agreement intended to maximize the respondent’s exposure at $300,000 and dependent on funding being received by the respondent from another project. That condition was not fulfilled. It was open for the trial judge to find, as he did, that the release did not, in effect, constitute an IOU or an agreement in which the respondents acknowledged a debt owing at all, but rather an agreement to pay a ceiling amount in the event of future funding from another project in order to limit their liability. There was evidence to support these findings and we find no basis for interfering.
2The appeal is therefore dismissed.
“M.J. Moldaver J.A.”
“R.A. Blair J.A.”
“H.S. LaForme J.A.”