DATE: 20060324

DOCKET: C44180

COURT OF APPEAL FOR ONTARIO

RE:

SIFAM MANAGEMENT & SALES LTD. (Plaintiff/Respondent) v. MELVIN M. RAZNICK (Defendant/Appellant)

BEFORE:

DOHERTY, MOLDAVER & GILLESE JJ.A.

COUNSEL:

Lianne Armstrong

for the appellant

J. Douglas Skinner

for the respondent

HEARD & ENDORSED:

March 23, 2006

On appeal from the judgment of Justice K.F. Ross of the Superior Court of Justice dated August 19, 2005.

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

[1] The appellant contends that the evidence supports a claim that the appellant was coerced into giving the guarantee by physical threats. We were referred to a letter and a passage from the appellant’s discovery. The two considered in combination do not provide any basis for a finding that the appellant was physically threatened. The motion judge correctly held that there was no triable issue on the defence of economic duress.

[2] The appeal is dismissed. Costs to the respondent in the amount of $10,000, inclusive of GST and disbursements.