COURT OF APPEAL FOR ONTARIO
Goudge, Gillese and Lang JJ.A.
BETWEEN
Clearview Nursery Ltd. c.o.b. as Clearview Nursery & Landscape Supplies
Plaintiff (Respondent)
and
Pine Valley Developments Corporation and Rui Pereira
Defendants (Appellants)
AND BETWEEN
Pine Valley Developments Corporation
Plaintiff by Counterclaim
and
Clearview Nursery Ltd. c.o.b. as Clearview Nursery & Landscape Supplies and Ken Marsh
Defendants by Counterclaim
Christos Papadopoulos and Adam Wainstock, for the appellants
Simon Morris, for the respondent
Heard: December 3, 2010
On appeal from the judgment of Justice Sandra Chapnik of the Superior Court of Justice dated May 14, 2010.
APPEAL BOOK ENDORSEMENT
1In our view the motion judge correctly found no trial was required for the delivered goods that are the subject of the claim. The appellant acknowledges that it has no evidence that the goods were not delivered to it. Its counterclaim involves other goods that the appellant did pay for and its allegations there have yet to be tried. There is no reason to set aside the judgment for the amount claimed. Nor do we see any basis to reduce the rate of interest agreed to in the commercial arrangement between the parties or to stay the judgment on the claim.
2The appeal is dismissed. Costs to the respondent fixed at $7500 all inclusive.