COURT OF APPEAL FOR ONTARIO

DATE: 20000218

DOCKET: C29821

RE: WOODMANN REALTY LTD. (Plaintiff/Appellant)

v. THEODORE A. KUDLAC, WILLIAM J. KUDLAC and

KENNETH R. MOORE (Defendants/Respondents)

BEFORE: CARTHY, CHARRON and ROSENBERG JJ.A.

COUNSEL: Joseph R. Henderson,

for the appellant

John Broderick, Q.C. and Andrew Brown,

for the respondent

HEARD: February 16, 2000

On appeal from the decision of Mr. Justice G. G. Nicholls dated

April 28, 1998

E N D O R S E M E N T

[1] The appellant’s first two points depend on the

interpretation of the authority to sell. As to the first point,

in our view the term “introduce” could not refer to a prior

introduction and, therefore, could not apply to the sale to

Moore. As to the second point, the phrase “show the said

property”, in the circumstances of this case, cannot reasonably

refer to merely showing financial statements to Moore. The trial

judge found that the authority to sell was not intended to apply

to a sale to Moore who had already been dealing with the

respondents for a considerable period of time prior to the

signing of the authority to sell. That finding is supported by

the evidence.

[2] As to the appellant’s final point, the trial judge adopted a

test for the effective cause of the sale that was very favourable

to the appellant. We have not been persuaded that he erred in

the application of that test to these facts when he found that,

while Christopher provided some assistance to Moore, with whom he

had a longstanding relationship, he was not the effective cause

of the sale by the respondents to Moore.

[3] Accordingly, the appeal is dismissed with costs. The money

paid into court shall be paid out to the respondents Theodore A.

Kudlac and William J. Kudlac.

(signed) "J. J. Carthy J.A."

(signed) "Louise Charron J.A."

(signed) "M. Rosenberg J.A."