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
1The motion judge held, correctly in our view, that as between the appellant purchaser and the respondent vendor there was no genuine issue for trial.
2Counsel 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.
3In 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.
4The appeal is dismissed with costs fixed in the amount of $10,000 inclusive of disbursements and GST.