Court of Appeal for Ontario
BEFORE: ROSENBERG, BORINS and EPSTEIN JJ.A.
BETWEEN:
ROSA YOUNG
Applicant (Respondent in Appeal)
and
JOHN TURNER and JEANNE MARIE TURNER
Respondents (Appellant)
COUNSEL:
Timothy C. Flannery for the appellant
Michael B. Wannop for the respondent
HEARD AND ENDORSED: April 18, 2008
On appeal from the judgment of Justice Patrick Flynn of the Superior Court of Justice dated April 25, 2007.
APPEAL BOOK ENDORSEMENT
1We are satisfied that whatever the definition of encumbrance, the intention of the parties as reflected in the amended agreement was that the respondent would receive $61,000 out of the net proceeds of sale.
2Accordingly, the appeal is dismissed with costs in the amount $6,000 inclusive of G.S.T. and disbursements.