Court of Appeal for Ontario

Lee-Mar Developments Limited v. Monto Industries Ltd.

Date: 2001-03-16

Counsel:
Heleni Maroudas (Stieber Berlach Gibbs), for the appellant;
R. Lee Akazaki (Gilbertson, Davis, Herceg, Emerson), for the respondent.

(C35159)

[1] By the Court: We wish to thank both counsel for their able arguments. This case arose on a special case under rule 22 of the Rules of Civil Procedure. The question posed restricts the court to determining the issue on the basis of the terms of the lease only. We are not persuaded that the judge below erred in his interpretation of the parties' intentions based on those provisions. Accordingly the appeal is dismissed with costs.

Appeal dismissed.