COURT OF APPEAL FOR ONTARIO
Laskin, Armstrong and Juriansz JJ.A.
BETWEEN
Montana Management Inc.
Plaintiff (Respondent)
and
Patricia Perruzza and Miguel Martinez Luna
Defendants
(Patricia Perruzza the Appellant)
Sergio Grillone, for the appellant
Stephen Edell, for the respondent
Heard: October 29, 2010
On appeal from the order of Justice of Claire Marchand of the Superior Court of Justice dated April 20, 2009.
APPEAL BOOK ENDORSEMENT
1The appellant submits the moving party’s own evidence establishes she was in complete compliance with the agreement of purchase and sale on September 16, 2006, when a cheque to cover the deposit was provided. We do not accept that is so. There was no evidence that the cheque was negotiable when it was provided. The summary trial judge was entitled to conclude the cheque was not in fact negotiable when it was provided. Consequently, the appeal is dismissed.
2Costs fixed in the amount of $5,000 all inclusive.