Court of Appeal for Ontario

Leon Van Neck and Son Ltd. v. McGorman

Date: 2000-06-06

Malcolm Bennett (McKenzie, Lake), for the plaintiff/appellant;

Counsel for the defendant/respondent not disclosed.

(Court File No. C31022/98)

[1] By the Court: In our view the appellant fails the Cognos test in that we consider it unreasonable for the appellant to rely on past events and circumstances when, in Dec. 1988, he proceeded into a contract valued at over $200,000 without protection for payment except through a lien claim. Although the company's financial health continued downhill without his being informed, he continued to work without question concerning nonpayment until the question of a guarantee arose. The appellant did not seek to overcome the trial judge's credibility findings on that subject. We see no merit in the appeal concerning the oppression remedy.

[2] The appeal is dismissed with costs.

Appeal dismissed.