Court of Appeal for Ontario

Date: October 24, 2019 Docket: C66509 Judges: Feldman, Fairburn and Jamal JJ.A.

Between

Goldsmith, Borgal & Company Ltd. Plaintiff/Respondent

and

Banerjee Goel Medicine Professional Corporation, Lopita Banerjee, MD personally and Sanjeev Goel, MD personally, carrying on Business as the Healing Place Clinic, also known as A Healing Place, and Wise Elephant Family Health Team Defendants/Appellants

Counsel

Rajneesh Sharda, for the appellants

Robert Kostyniuk, for the respondent

Heard and released orally: October 24, 2019

On appeal from: the order of Justice Nancy Dennison of the Superior Court of Justice, dated December 3, 2018.

Appeal Book Endorsement

[1] This appeal is from the order of Dennison J. finding that a settlement had been reached between the parties by the appellant's letter of acceptance of June 15, 2017. The motion judge rejected the submission that the respondent's letter of June 19, 2017 amounted to a repudiation of the acceptance. The motion judge accepted that the June 19 letter referred in error to a different offer to settle from May 2017, not the offer that was accepted from November 2016.

[2] We see no error in the findings of the motion judge and no basis to interfere with her conclusion or her order.

[3] The appellant also seeks leave to appeal the costs of the motion of $14,428.14. This is a discretionary decision by the motion judge to which considerable deference is accorded. In our view there was no error of law or in the exercise of discretion that would allow this court to interfere.

[4] The appeal including the request for leave is dismissed with costs in the agreed amount of $11,500, inclusive of disbursements and HST.