ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
CYCLE SOLUTIONS INC.
Plaintiff
- and -
THE THOMAS RICHARDS GROUP INC. and THOMAS RICHARDS a.k.a. FLT RICHARDS
Defendants
Christopher P. Goldson, for the Plaintiff
Gregory E. McConnell, for the Defendants
HEARD at Toronto: November 18, 2008
ORAL REASONS FOR JUDGMENT
BELLAMY J.: (Orally)
1The standard of review in this case is one of correctness. Mr. Goldson has made very creative, resourceful and able submissions on behalf of his client.
2In my view though, the motions judge committed no legal error in his interpretation of the offer to settle. There was indeed a discrepancy in the two paragraphs. He described this as a “slight ambiguity.”
3In another context that might have been a legal error, but it was not a legal error in the context of this offer to settle which needs to be read as a whole, reasonably, in light of the context of litigation and in the context of the Rules of the Small Claims Court.
4It is very clear to me, as it was to the motions judge that the plaintiff inserted the paragraph so as to take advantage of Rule 14 and attract a favourable cost award in the event that the plaintiff was successful at trial. That is not ambiguous. The offer remained open until one minute after the commencement of trial.
5For these reasons the appeal is dismissed. The acceptance of this offer binds Cycle Solutions Inc. Although invited to do so by the respondents, I make no findings with respect to whether it also binds Recycle Cycle Inc., as I do not believe I have sufficient information before me to come to that conclusion.
COSTS
6I have endorsed the Appeal Book as follows: “Appeal dismissed for oral reasons given. Costs payable to the appellants in the amount of $2,500.00 (this includes GST and disbursements), payable forthwith.”
7On the record, just so there is no ambiguity, the respondents are required to pay to the appellants $9,000.00, forthwith.
BELLAMY J.
Date of Reasons for Judgment: November 18, 2008
Date of Release: November 21, 2008
COURT FILE NO.: 267/07
DATE: 20081118
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
CYCLE SOLUTIONS INC.
Plaintiff
- and -
THE THOMAS RICHARDS GROUP INC. and THOMAS RICHARDS a.k.a. FLT RICHARDS
Defendants
ORAL REASONS FOR JUDGMENT
BELLAMY J.
Date of Reasons for Judgment: November 18, 2008
Date of Release: November 21, 2008