COURT OF APPEAL FOR ONTARIO
Laskin, Juriansz and Epstein JJ.A.
BETWEEN
Mitchell Jenner & Associates Inc.
Plaintiff (Respondent)
and
Michel Saunders and Ladco Display Inc.
Defendants (Appellant)
Kenneth J. Peacocke, for the appellant
Brian T. Daly and Jacquelyn E. Stevens, for the respondent
Heard: April 8, 2009
On appeal from the judgment of Justice Wolfram Tausendfreund of the Superior Court of Justice, dated December 5, 2007.
APPEAL BOOK ENDORSEMENT
1For the reasons given by the trial judge, we agree that the appellant is personally liable.
2We also agree with the trial judge that the second contract is open ended as to time. The plain wording of the contract supports this interpretation, as does the conduct of the parties after the agreement was signed. Moreover, the evidence shows that the appellant knew that there were changes in the second contract from the terms in the first contract, had the opportunity to discuss these all these changes, yet declined to do so.
3The appeal is dismissed, with costs fixed at $18,000, inclusive of disbursements and GST.