DATE: 20050207

DOCKET: C41749

COURT OF APPEAL FOR ONTARIO

RE:

TURK’S FURNITURE AND APPLIANCES LIMITED (Plaintiff/Appellant) -and- MATTHEW McAVAN ENTERPRISES LTD., MATTHEW McAVAN and STEVEN MALOVIC (Defendants/Respondents)

BEFORE:

CATZMAN, LASKIN and ARMSTRONG JJ.A.

COUNSEL:

Stephen M. Turk

for the appellant

Gerard V. Thompson

for the respondents

HEARD AND ENDORSED:

February 7, 2005

On appeal from the order of Justice Sarah E. Pepall of the Superior Court of Justice dated April 8, 2004.

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

[1] The lease between the appellant and its corporate tenant does not create a trust, let alone a trust relationship between the appellant and Mr. McAvan. The claim based on breach of trust discloses no cause of action against him. With respect to the claim for inducing breach of contract, the pleading does not bring the appellant within that limited class of case in which a director or an officer of a corporation may be held liable for an act of the corporation.

[2] The appeal is dismissed with costs fixed in the amount of $3,000.00, inclusive of disbursements and G.S.T.