Court of Appeal for Ontario

McKillen v. Svedala Industries Canada Inc.

Date: 2001-08-17

Docket: CA C33568

Counsel:
Connie Reeve, for Defendant/Appellant
R.B. Cumine, Q.C., for Plaintiff/Respondent

Judgment

The judgment of the court was delivered by Morden J.A.:

[1] We agree with the careful reasons of Wilkins J. in his interpretation of the contract. With respect to the appellant's potential vulnerability flowing from the absence of a cost cap relating to a retirement under clause 8(b), it must be observed that such a retirement is entirely with the control of the appellant. The appeal is dismissed with costs.

Appeal dismissed.