CITATION: Mitchell Jenner & Associates Inc. v. Saunders, 2009 ONCA 298

DATE: 20090409

DOCKET: C48202

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

[1] For the reasons given by the trial judge, we agree that the appellant is personally liable.

[2] We 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.

[3] The appeal is dismissed, with costs fixed at $18,000, inclusive of disbursements and GST.