CITATION: Evans v. Permacharts Inc., 2007 ONCA 147

DATE: 20070307

DOCKET: C44648

COURT OF APPEAL FOR ONTARIO

RE:

HOWARD EVANS c.o.b. PUBLICATION MARKETING (Plaintiff/Respondent) – and – PERMACHARTS INC. CARMINE BELLO and SILVANA BELLO (Defendants/Appellants)

BEFORE:

LASKIN, FELDMAN and ROULEAU JJ.A.

COUNSEL:

Antonio Conte

for the appellants

P. Christopher Lloyd and Ellen Swan

for the respondent

HEARD & ENDORSED:

March 6, 2007

On appeal from the judgment of Justice N. Douglas Coo of the Superior Court of Justice dated December 2, 2005.

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

[1] We are not persuaded that the trial judge erred either in exercising his discretion to refuse to re-open the trial or in his interpretation of the contract.

[2] Accordingly, the appeal is dismissed, with costs fixed in the amount of $3,500.00, all inclusive.