COURT OF APPEAL FOR ONTARIO

DATE: 20001103

DOCKET: C31693

RE: DINCOR REALTY INC. (Plaintiff/Respondent) – and – RE/MAX APEX REALTY INC. (Defendant/Appellant)

BEFORE: CATZMAN, ABELLA and SHARPE JJ.A.

COUNSEL: J.H. Stanleigh,
for the appellant

G.V. Thomson,
for the respondent

HEARD: November 2, 2000

On appeal from the judgment of Justice Moira L. Caswell dated October 28, 1998, at the City of Brampton.

E N D O R S E M E N T

[1] As a result of the judgment under appeal, appellant received commission at four percent, the rate specified by the Authority to Sell, on all monies paid to the vendor by the purchaser. We do not accept the submission that, on the wording of all the relevant documents, the appellant was entitled to commission for the sale or sales of property that were never closed. There is no basis for this court to interfere with the factual findings or legal conclusions of the trial judge, nor her disposition of costs.

[2] The parties are agreed that there is an arithmetical error in the judgment. The sum of $23,824 in paragraph [2] should read $24,824 and paragraphs [2], [3] and [4] should be amended to reflect this amount. Subject to these corrections, the appeal is dismissed with costs.

“M. A. Catzman”

“R. S. Abella”

“Robert J. Sharpe”