DATE: 20040421

DOCKET: C40636

COURT OF APPEAL FOR ONTARIO

RE:

LORNA JANE PENNOCK (Applicant/Respondent by Counter-Application/Respondent on Appeal) v. RONALD JAMES TORRANCE AND TORRANCE DEVELOPMENTS INC. (Respondents/Applicants by Counter-Application/Appellants)

BEFORE:

McMURTRY C.J.O., ABELLA AND ROSENBERG JJ.A.

COUNSEL:

Mark Rodenburg

for the appellants

Donald G. Martin, Q.C.

for the respondent

HEARD & ENDORSED:

April 21, 2004

On appeal from the judgment of Justice Langdon dated August 11, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] At its highest, the evidence shows that there was an exchange of letters from which the parties committed to a process.

[2] However, we think that it was open to the applications judge to find that there was no agreement for the purchase and sale of these lands. As the applications judge pointed out, there were a number of terms that had already not been agreed to by the parties.

[3] In the circumstances, the respondent had a prime facie right to the partition and sale.

[4] The appeal is therefore dismissed with costs fixed in the amount of $5,000 which will become a charge on the proceeds of the sale if not paid before.