Court File and Parties
COURT OF APPEAL FOR ONTARIO
Winkler C.J.O., Laskin and Feldman JJ.A.
BETWEEN:
Seale & Associates Inc.
Plaintiff (Appellant)
and
Vector Aerospace Corporation, Parkview Capital Partners Inc., and Donald K. Jackson
Defendants (Respondents)
Counsel:
Alan J. Lenczner, Q.C. and Jordan Goldblatt, for the appellant
Danielle K. Royal and Patrick G. Duffy, for the respondents
Heard and endorsed: December 8, 2009
On appeal from the judgment of Justice Blenus Wright of the Superior Court of Justice dated April 14, 2009.
APPEAL BOOK ENDORSEMENT
1The trial judge made factual findings that disentitled the appellant to a commission. He found there was no agreement that the appellant would be paid in the absence of a completed transaction. He concluded that by not entering into an agreement that specified what would be payable if a sale did not close, “he risked ending up with nothing which on the evidence is the result he ought to have anticipated.”
2The trial judge also found that the appellant failed to prove a claim for unjust enrichment.
3In our view, the trial judge made no error in his findings or conclusions. The appeal is therefore dismissed.
4The respondent shall have its costs in the amount of $14,000 including disbursements and G.S.T.