Court of Appeal for Ontario
BEFORE: Laskin, Rosenberg and Tulloch JJ.A.
BETWEEN
Ghesari Brothers Inc.
Plaintiff (Appellant)
and
Irving Rosenberg
Defendant (Respondent)
COUNSEL:
Mark A. Klaiman, for the appellant
Timothy Gleason and Shoshana Bentley-Jacobs, for the respondent
HEARD: June 14, 2013
On appeal from the order of Justice John R. McCarthy of the Superior Court of Justice, dated November 2, 2012.
APPEAL BOOK ENDORSEMENT
1In our view, the question when the claim was discoverable is a genuine issue requiring a trial. On the record before us, we cannot say that the plaintiff suffered lose or damage before it sold the property in March 2010. Until then, the plaintiff still had the property, and there was no evidence that it was worth less until the sale took place.
2Accordingly, the appeal is allowed, the judgment of the motion judge is set aside, and the motion for summary judgement is dismissed. The appellant is entitled to its costs of the appeal in the amount of $7,000, and its costs of the motion in the amount of $7,000, each amount inclusive of disbursements and applicable taxes.