DATE: 20060222

DOCKET: C44234

COURT OF APPEAL FOR ONTARIO

RE:

MARY ELIZABETH O’CONNOR (Respondent) –and- JACK WILLIAMS, ALLAN MURRAY HUYCKE, ALFRED BULLOCK, LOUANNE MILLER, and RE/MAX LAKE COUNTRY REALTY INC. (Appellant)

BEFORE:

CATZMAN, MOLDAVER AND ARMSTRONG JJ.A.

COUNSEL:

Annette Casullo

for the appellant

Mark Frederick

for the respondent

HEARD & ENDORSED:

February 22, 2006

On appeal from the order of Justice Richard G. Byers of the Superior Court of Justice dated September 1, 2005 made at Kingston, Ontario.

A P P E A L B O O K E N D O R S E M E N T

[1] The motion judge held, correctly in our view, that as between the appellant purchaser and the respondent vendor there was no genuine issue for trial.

[2] Counsel for the appellant was unable to cite any basis in law for her submission that the respondent was under a legal obligation to disclose the failure to conduct a final inspection of the porch and was therefore guilty of misrepresentation in the transaction between the parties to this appeal.

[3] In the absence of such a legal obligation on the respondent vendor, the appellant purchaser had no right to refuse to close the transaction or to demand an abatement in the purchase price.

[4] The appeal is dismissed with costs fixed in the amount of $10,000 inclusive of disbursements and GST.