DATE: 20041108

DOCKET: C39968

COURT OF APPEAL FOR ONTARIO

RE:

T-COMM/A TRAVEL COMMUNICATION ASSOCIATION INC. (Respondent/Plaintiff) - and – CONQUEST VACATIONS COMPANY (Appellant/Defendant)

BEFORE:

GOUDGE, FELDMAN AND LANG JJ.A.

COUNSEL:

Christopher Ashby

for the appellant

Timothy J. Law

for the respondent

HEARD & ENDORSED:

November 5, 2004

On appeal from the judgment of Justice Norman Dyson of the Superior Court of Justice dated April 24, 2003.

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

[1] The appellant argues that the trial judge erred in failing to find that the respondent fundamentally breached the contract by failing to invite the appellant to its conference at Biloxi. We cannot agree. It was open to the trial judge to find that the whole benefit of the contract to the appellant was to increase its sales to the respondent’s members. This it did in large part because the contract gave it preferred supplier status and called for higher commissions to be paid to the respondent’s members. We can see no reversible error in the trial judge finding that the exclusion of the appellant from the conference did not deprive it of substantially the whole benefit of the contract.

[2] Appeal dismissed.

[3] Costs fixed at $5000.