Court of Appeal of Ontario

Dean v. Rise 'N Bake Pastries Inc.

Date: 2002-11-12

Docket: CA C35959, C35947

Wilson Vukelich, for Plaintiffs/Respondents

Milton Verskin, for Defendants/Appellants, Rise 'N Bake Pastries Inc., Marvin Sharpe, Frank Tizel

Deborah Wattier, for Defendant/Appellant, Ellis J. Orlan

Carthy J.A.:

[1] This is largely a factual case. We considered that the trial judge was entitled to find that the corporate and individual defendants negligently misrepresented the costs of goods sold ratio and that the respondents were entitled to and did rely upon them to their detriment. We are satisfied that this conduct does not fall within the "whole agreement" clause of the contract. Finally, we see no reason to interfere with the trial judge's imposition or assessment of damages. Appeal dismissed. Costs to the respondents in the amount of $12,235.00 inclusive for this appeal combined with C35947 of disbursements and interest.

Carthy J.A.:

[2] Appeal dismissed for reasons endorsed in C35959

Appeal dismissed.