DATE: 20050617

DOCKET: C42843

COURT OF APPEAL FOR ONTARIO

RE:

1234590 ONTARIO LTD. (Applicant (Appellant in appeal))

– and – CREDITSTONE CAPITAL CORP. and ANGELO BALDASSARRA (Respondents (Respondents in appeal))

BEFORE:

GOUDGE, MacFARLAND and LAFORME JJ.A.

COUNSEL:

M. Michael Title

for the appellant

Arleen Huggins

for the respondent

HEARD & ENDORSED:

June 16, 2006

On appeal from the order of Justice E. Loukidelis of the Superior Court of Justice dated December 1, 2004.

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

[1] The appellant was a commercial tenant who brought an application in the Superior Court of Justice for declaratory relief pursuant to the Commercial Tenancies Act, R.S.O. 1990, c. L.7.

[2] In a brief endorsement, the application judge dismissed the application. It is clear to us, as it was to the application judge, that the appellant acknowledged repeatedly the correctness of the respondent’s claims. That is, the appellant was responsible for Schedule “D” improvements and, as an experienced businessman, freely executed promissory notes in connection with this.

[3] The dispute that arose in respect of the Schedule “D” improvements only arose due to the appellant’s inability to secure anticipated financing. There is no doubt that the respondent assumed the costs of the improvements with the agreement that the appellant was responsible for them and would reimburse the respondent.

[4] The findings of the application judge are amply supported by the record and we can find no error in his conclusions. The appeal is therefore dismissed.

[5] We award costs on a partial indemnity basis to the respondents in the amount of $3,152.22, inclusive of disbursements and G.S.T.