COURT OF APPEAL FOR ONTARIO
RE:
SIFAM MANAGEMENT & SALES LTD. (Plaintiff/Respondent) v. MELVIN M. RAZNICK (Defendant/Appellant)
BEFORE:
DOHERTY, MOLDAVER & GILLESE JJ.A.
COUNSEL:
Lianne Armstrong
for the appellant
J. Douglas Skinner
for the respondent
HEARD & ENDORSED:
March 23, 2006
On appeal from the judgment of Justice K.F. Ross of the Superior Court of Justice dated August 19, 2005.
A P P E A L B O O K E N D O R S E M E N T
1The appellant contends that the evidence supports a claim that the appellant was coerced into giving the guarantee by physical threats. We were referred to a letter and a passage from the appellant’s discovery. The two considered in combination do not provide any basis for a finding that the appellant was physically threatened. The motion judge correctly held that there was no triable issue on the defence of economic duress.
2The appeal is dismissed. Costs to the respondent in the amount of $10,000, inclusive of GST and disbursements.