DATE: 20010223

DOCKET: C27587

COURT OF APPEAL FOR ONTARIO

RE: KEN CUNNINGHAM and GOLDEN SPOTLIGHT BANQUET HALL (Plaintiffs/Appellants) –and– 728920 ONTARIO LIMITED, 80 WELLESLEY STREET EAST LIMITED, 275924 ONTARIO LTD., JORVAY INVESTMENTS LIMITED, operating under the name of ALBION 27 PLAZA (Defendants/Respondents)

BEFORE: FINLAYSON, CARTHY and AUSTIN JJ.A.

COUNSEL: Karen R. Cunningham, for the appellants Lawrence Goldapple, for the respondents

HEARD: February 19, 2001

On appeal from the judgment Justice Joan L. Lax dated May 21, 1997

O R A L E N D O R S E M E N T

[1] The trial judge’s treatment of the appellants’ last minute attempts to allege fraud and claim special damages was fully within her discretion and manifestly correct. Her conduct of the trial, in which the appellant Ken Cunningham unwisely chose to represent himself, demonstrated admirable patience and sensitivity.

[2] The basic issues were whether there was a lease, when it commenced and were the appellants in breach of their obligations under it. The trial judge gave full reasons for her findings on these issues and they are fully supported by the evidence.

[3] We reject utterly the complaint by counsel in appeal that the appellants did not receive a fair trial.

[4] The appeal is dismissed with costs.

Signed: “G.D. Finlayson J.A.” “J.J. Carthy J.A.” “Austin J.A.”