Court File and Parties
COURT OF APPEAL FOR ONTARIO
Moldaver, Simmons and Cronk JJ.A.
BETWEEN
6436145 Canada Limited
Applicant (Respondent in Appeal)
and
Rockwest Property Inc.
Respondent (Appellant in Appeal)
Counsel: Geoff R. Hall, for the appellant Peter Henderson, for the respondent
Heard: May 13, 2009
On appeal from the order of Justice S. Chapnik of the Superior Court of Justice dated October 31, 2008.
APPEAL BOOK ENDORSEMENT
1Given the nature of the relief sought in the respondent’s notice of application, it was open to the application judge to determine this application in the face of conflicting evidence, subject to her discretion to order the trial of an issue.
2There was clear conflicting documentary and testimonial evidence in this case. Nonetheless, it appears that both parties were content to have the application judge determine the matters in issue on the evidential record as it stood. Neither party required the trial of an issue.
3On the whole of this record, there was a clear evidential pathway to the application judge’s findings and we see no basis to interfere with them.
4Accordingly, the appeal is dismissed. Costs to the respondent in the amount of $12,310.00, inclusive of GST and disbursements.