Court File and Parties
COURT OF APPEAL FOR ONTARIO
Sharpe, Simmons and Epstein JJ.A.
BETWEEN
Marc West
Plaintiff (Respondent)
and
Allapa Enterprises Inc. and Sean Baird
Defendants (Appellants)
Counsel:
Chris Argiropoulos, for the appellants
Kevin J. Scullion and Katrina Marciniak, for the respondent
Heard: January 29, 2010
On appeal from the judgment of Justice T. M. Dunn of the Superior Court of Justice dated August 25, 2009.
APPEAL BOOK ENDORSEMENT
1The appellant relies on a collateral agreement in defence of the plaintiff’s claim on a promissory note, share purchase agreement and guarantee. There is no evidence in the record of any collateral agreement. In these circumstances, there is no basis for us to look behind the terms of the written document upon which the plaintiff sues. In our view, the motion judge did not err in granting summary judgment. Appeal dismissed. Costs to the respondent fixed at $5,887.35 inclusive of disbursements and GST.