Leling Phoenix Brake Canada Inc. v. Halajian (Auto Parts Mart), 2007 ONCA 339

CITATION: Leling Phoenix Brake Canada Inc. v. Halajian (Auto Parts Mart), 2007 ONCA 339

DATE: 20070503

DOCKET: C45052

COURT OF APPEAL FOR ONTARIO

GOUDGE, ARMSTRONG AND JURIANSZ JJ.A.

BETWEEN:

LELING PHOENIX BRAKE CANADA INC.

Plaintiff (Appellant)

And

ARA HALAJIAN c.o.b. AUTO PARTS MART

Defendant (Respondent)

Counsel: Mark S. Grossman for the appellant Colin Still for the respondent

Heard: April 27, 2007

On appeal from the judgment of Justice Peter Hambly of the Superior Court of Justice dated February 14, 2006.

1In our view the trial judge erred in granting the non-suit. There clearly was probative evidence of the oral contract contended for by the appellant - a contract with a new company at a new location.

2Had the non-suit application been dismissed, the appellant's claim should have been allowed. So ordered. Judgment set aside and judgment ordered for the appellant. Costs to the appellant fixed at $10,000 for the trial and $5,000 for the appeal, all inclusive.