Court of Appeal for Ontario
BEFORE: Rosenberg, MacPherson and LaForme JJ.A.
BETWEEN
Lenno Van Sun
Plaintiff/Appellant
and
Woodbine Pontiac Buick Inc. and Erin Mills Acura of Mississauga
Defendants/Respondents
COUNSEL:
Matt W. Mulholland, for the appellant
Andy C. Jairam, for the respondent, Woodbine Pontiac Buick Inc.
HEARD: February 19, 2013
On appeal from the judgment of Justice Brian P. O’Marra of the Superior Court of Justice, dated December 9, 2012.
APPEAL BOOK ENDORSEMENT
1We have not been persuaded that the trial judge made any reversible error. The only evidence was that the respondent was unaware that the vehicle had been in an accident. There was no evidence of negligence on the part of the respondent. The respondent’s witnesses were entitled to say what they had done in this transaction, even if they strayed into opinion. This case was pleaded as a negligence case and dealt with at trial as a negligence case, not breach of contract. The appellant failed to show any negligence.
2Accordingly, the appeal is dismissed with costs fixed at $10,000 inclusive of HST and disbursements.