Court of Appeal for Ontario
Rosenberg, Gillese and Tulloch JJ.A.
BETWEEN
Sheri-Lee Weslock
Plaintiff/Respondent
and
Neil Sexton
Defendant/Appellant
Counsel:
Neil Sexton, acting in person
Kenneth W. Watts, for the respondent
Heard: October 26, 2012
On appeal from the order of Justice C. William Hourigan of the Superior Court of Justice, dated February 7, 2012.
APPEAL BOOK ENDORSEMENT
1There is no merit to this appeal. While the appellant’s materials were originally not before the motions judge, the appellant had an opportunity to present his argument. The motions judge understood the facts and the arguments. There was no denial of natural justice.
2The motions judge accepted that the fax waiving conditions was sent at the time the appellant said. The subsequent conduct relied upon by the appellant could not affect the meaning of the term used in the appellant’s agreement of purchase and sale. The motions judge was correct to find as a matter of law that the time for waiving the condition expired at midnight not 4:00 p.m.
3Accordingly, the appeal is dismissed with costs fixed at $4,000.00 inclusive of disbursements and HST.
