Court of Appeal for Ontario
BEFORE: Winkler C.J.O., Pepall J.A., and Smith J. (ad hoc)
BETWEEN
Hectare Inc., o/a Hectare GMAC Real Estate
Plaintiff (Appellant)
and
Hugh Goodman, 1517418 Ontario Inc., David Burn, Bennett Burn LLP, Carman McLelland, and McLelland Law
Defendants (Respondents)
COUNSEL:
Chris J. Cosgriffe and A. Blackwood, for appellant
Michael R. Kestenberg, for the respondents
Heard and released orally: November 21, 2012
On appeal from the judgment of Justice Matlow of the Superior Court of Justice, dated January 26, 2012.
ENDORSEMENT
1While the motion judge’s reasons are brief and not detailed, we are satisfied that he reached the correct result. The plaintiff has already obtained the judgment for the full amount of their loss in a separate lawsuit.
2Furthermore, based upon the record before us, we are not persuaded there is a genuine issue requiring a trial because the plaintiff has not established damages as against these defendants.
3Accordingly, the appeal is dismissed. Costs to the respondents in the amount of $10,000 inclusive of disbursements and applicable taxes.
“Winkler C.J.O.”
“S.E. Pepall J.A.”
“Patrick Smith J. (ad hoc)”