DATE: 20040719

DOCKET: C40782

COURT OF APPEAL FOR ONTARIO

RE:

MARIA PERRI (Plaintiff/Respondent) – and – CONCORDIAN CHESTERFIELD COMPANY LTD. and SYLVIA AIELLO (Defendants/Appellants)

BEFORE:

CATZMAN, GILLESE and LANG JJ.A.

COUNSEL:

Zak Muscovitch

for the appellants

Andrew J. MacDonald

for the respondent

HEARD AND ENDORSED:

July 19, 2004

On appeal from the judgment of Justice Susan G. Himel of the Superior Court of Justice dated September 23, 2003.

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

[1] Himel J. held that, having regard to the correspondence that passed between the parties, the respondent’s letters were not counteroffers to the appellants’ offer of July 9, 2003, but rather were acceptances of that offer, and that the terms regarding the timing of payment, the exchange of releases and the allocation of funds were merely matters incidental to the essential terms of the agreement. We agree with her conclusions and see no basis on which to interfere with the exercise of her discretion to grant judgment enforcing the settlement.

[2] The appeal is dismissed with costs fixed at $3,500, plus disbursements and G.S.T.