Court of Appeal for Ontario
BEFORE: Doherty, Simmons and LaForme JJ.A.
BETWEEN
Radonna Investments Ltd.
Plaintiff (Respondent)
and
Wolf Rubin and W.R. International Trade Corporation
Defendants (Appellants)
COUNSEL:
Ronald Birken, for the defendants (appellants)
Andrew Gray, for the plaintiff (respondent)
HEARD: May 11, 2012
On appeal from the judgment of Justice Beth Allen of the Superior Court of Justice, dated October 20, 2011.
APPEAL BOOK ENDORSEMENT
1The single issue raised on appeal – the operation of the limitation period – turns on whether the respondent repudiated the agreement when it demanded repayment in March 2008. Both sides agree that this is a proper case for summary judgment.
2We agree with the analysis of the motion judge, at paras. 22-31 of her reasons.
3The appeal is dismissed. Costs to the respondent in the amount of $10,000 “all in”.