Court File and Parties
COURT FILE NO.: 608/08
DATE: 20090331
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SWINTON, LOW AND KARAKATSANIS JJ.
B E T W E E N:
XIAOFANG GUO Appellant/Plaintiff
- and -
SONG XIN YANG Respondent/Defendant
In Person In Person
HEARD at Toronto: March 31, 2009
Oral Reasons for Judgment
SWINTON J.: (Orally)
[1] The appellant appeals from the judgment of Harvison Young J. dated November 12, 2008, dismissing her action to set aside a mutual release dated November 16, 2007, that she and her husband had signed with the respondent.
[2] The trial judge rejected the appellant’s claim that the release was void on the ground of economic duress.
[3] An appeal court will not interfere with the findings of fact of a trial judge unless there has been palpable and overriding error.
[4] The trial judge found that there was no economic duress, and the parties had an ongoing dispute with respect to the premises.
[5] The appellant has not shown that the trial judge made any error of law with respect to economic duress.
[6] The appellant argues that the trial judge erred in failing to find the respondent threatened to damage the premises. The trial judge preferred the evidence of the respondent, who had denied making the threat. She was entitled to make that finding of credibility.
[7] The trial judge found that the respondent was exercising his legal right of appeal, and there was nothing in the evidence that could constitute economic duress. We are satisfied there was evidence on which she could make that finding.
[8] Therefore, the appeal is dismissed.
COSTS
[9] Costs to the respondent fixed at $300.00.
SWINTON J.
LOW J.
KARAKATSANIS J.
Date of Reasons for Judgment: March 31, 2009
Date of Release: April 8, 2009
COURT FILE NO.: 608/08
DATE: 20090331
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SWINTON, LOW AND KARAKATSANIS JJ.
B E T W E E N:
XIAOFANG GUO Appellant/Plaintiff
- and -
SONG XIN YANG Respondent/Defendant
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: March 31, 2009
Date of Release: April 8, 2009