Court of Appeal for Ontario

Date: 2017-02-06 Docket: C62249

Judges: Feldman, Gillese and Pepall JJ.A.

Between

1059233 Ontario Ltd. Respondent (Appellant)

and

Recchia Developments Inc. Applicant (Respondent)

Counsel

James Zibarras, for the appellant

David J. Jackson, for the respondent

Heard: February 3, 2017

On appeal from the judgment of Justice Whitten of the Superior Court of Justice, dated April 13, 2015.

Appeal Book Endorsement

[1] This is an appeal based on the interpretation of a term in an amended Agreement of Purchase and Sale. The standard of review on appeal is the deferential one established by the Supreme Court of Canada in Creston Moly Corp. v. Sattva Capital Corp., 2014 SCC 53, [2014] 2 S.C.R. 633.

[2] We see no error in the articulation of the relevant legal principles relied on by the application judge for the interpretation of contracts.

[3] There is no palpable and overriding error in the findings of fact made by the application judge. His interpretation of the impugned provision is reasonable.

[4] In the circumstances, there is no basis for interference by this court.

[5] Accordingly, the appeal is dismissed with costs to the respondent fixed at $10,459, all inclusive.