DATE: 20011003 DOCKET: C33388
COURT OF APPEAL FOR ONTARIO
RE:
920935 ONTARIO INC., 920937 ONTARIO INC. and SAL-DAN INC. (Appellants/Plaintiffs) v. THE REGIONAL MUNICIPALITY OF SUDBURY (Respondent/Defendant)
BEFORE:
MCMURTRY C.J.O., FINLAYSON and AUSTIN JJ.A.
COUNSEL:
Augusto P. Palombi
for the appellants
John M. Buhlman and
Christopher Diana
for the respondent
HEARD:
September 28, 2001
On appeal from the judgment of Justice Lawrence W. Whalen dated November 29, 1999.
E N D O R S E M E N T
Released Orally: September 28, 2001
[1] The appellant sues with respect to a loss alleged to have been sustained by reason of misrepresentations made by the municipal solicitor.
[2] The trial judge found that the evidence did not support any finding of misrepresentation. That conclusion was based largely upon the credibility of the appellant’s principal. The trial judge also concluded that it would have been unreasonable for the appellant to rely upon the alleged misrepresentation and unlikely that it did so.
[3] We see no error in these findings. The appeal must therefore be dismissed with costs.
“R. Roy McMurtry C.J.O.”
“G. D. Finlayson J.A.”
“Austin J.A.”