Court of Appeal for Ontario
BEFORE: Rosenberg, Simmons and Blair JJ.A.
BETWEEN
Soan Mechanical Ltd.
Plaintiff (Respondent)
and
Terra Infrastructure Inc., Daniel Demelo, Tony Di Battista and Richard Neath
Defendants (Appellants)
COUNSEL: Marco Drudi, for the appellant Terra Infrastructure Inc. Lianne Armstrong, for the respondent
Heard and endorsed: May 6, 2011
On appeal from the judgment of Justice Peter B. Hockin of the Superior Court of Justice dated December 15, 2009.
APPEAL BOOK ENDORSEMENT
1There is no merit to the appeal as to liability. The lack of personal knowledge does not affect the admissibility of business records: s. 35(4) of the Ontario Evidence Act. These records meet the definition of business records in s. 35(2).
2As to the pre-judgment interest, the circumstances including the lengthy time that this simple account was left unpaid, would justify a rate above the Court of Justice Act rate.
3There is an error in the judgment. Paragraph 2 is deleted.
4The judgment will bear interest at the rate of 2 percent.
5In all other respects, the appeal is dismissed with costs fixed at $5,000 inclusive of disbursements and H.S.T.