COURT OF APPEAL FOR ONTARIO
RE:
TURK’S FURNITURE AND APPLIANCES LIMITED (Plaintiff/Appellant) -and- MATTHEW McAVAN ENTERPRISES LTD., MATTHEW McAVAN and STEVEN MALOVIC (Defendants/Respondents)
BEFORE:
CATZMAN, LASKIN and ARMSTRONG JJ.A.
COUNSEL:
Stephen M. Turk
for the appellant
Gerard V. Thompson
for the respondents
HEARD AND ENDORSED:
February 7, 2005
On appeal from the order of Justice Sarah E. Pepall of the Superior Court of Justice dated April 8, 2004.
A P P E A L B O O K E N D O R S E M E N T
1The lease between the appellant and its corporate tenant does not create a trust, let alone a trust relationship between the appellant and Mr. McAvan. The claim based on breach of trust discloses no cause of action against him. With respect to the claim for inducing breach of contract, the pleading does not bring the appellant within that limited class of case in which a director or an officer of a corporation may be held liable for an act of the corporation.
2The appeal is dismissed with costs fixed in the amount of $3,000.00, inclusive of disbursements and G.S.T.