DATE: 20050330
DOCKET: C42335
COURT OF APPEAL FOR ONTARIO
RE:
ELENA STOICA (Petitioner (Appellant)) – and – MIRCEA PETRE GEORGESCU (Respondent)
BEFORE:
DOHERTY, LASKIN AND MACFARLAND JJ.A.
COUNSEL:
Cynthia Waite
for the appellant Elena Stoica
Mircea P. Georgescu in person
HEARD & RELEASED ORALLY:
March 11, 2005
On appeal from the order of Justice Fletcher Dawson of the Superior Court of Justice dated July 2, 2004.
E N D O R S E M E N T
[1] In our view the motions judge properly exercised his discretion. On the evidence before him he concluded there was a reasonable inference that the respondent did not understand that the offer remained opened and that there was a reasonable basis for the respondent to infer that the offer had become “obsolete”. The record before him supports those findings. We see no error in principle and would not interfere with the decision.
[2] The appeal is dismissed. No costs.
“Doherty J.A.”
“John Laskin J.A.”
“J. MacFarland J.A.”