DATE: 20041118

DOCKET: C41319

COURT OF APPEAL FOR ONTARIO

RE:

LAUDERVEST DEVELOPMENTS LIMITED (Plaintiff) (Appellant) – and – HENRYK ROTTENBERG, DRORA ROTTENBERG, JACOB GANTZ, MIRYANA GANTZ, DAN RIETER, MICHAEL FEINGOLD, YISHAY DOTAN, LEA KAUFMAN, SARAH STEIN, ABBEY STEIN, ORAH LAVI, JACOB LAVI, YAKOV KALINSKY, RUTH KAPLAN and AHRON KAPLAN (Defendants) (Respondents)

BEFORE:

WEILER, ARMSTRONG and BLAIR JJ.A.

COUNSEL:

James M. Wortzman

for the appellant

Jack B. Berkow

for the respondents

HEARD & ENDORSED:

November 17, 2004

On appeal from the judgment of Justice Susan E. Greer of the Superior Court of Justice dated January 15, 2004.

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

[1] We agree with the motions judge that the appellant’s interpretation of the argument that Gantz, as the purchaser of an individual condominium unit, would be liable for the purchase price of the entire building or damages flowing from breaches as between the developer and Skyline, would make no commercial sense. We are also of the opinion that having regard to the agreement as a whole, and in particular, para. 14, the appellant is not entitled to the Gantz deposit. There is no genuine issue for trial.

[2] Accordingly, the appeal is dismissed with costs to the respondent fixed in the amount of $15,000 all inclusive.