Court File and Parties

CITATION: Leling Phoenix Brake Canada Inc. v. Halajian (Auto Parts Mart), 2007 ONCA 339

DATE: 20070503

DOCKET: C45052

COURT OF APPEAL FOR ONTARIO

GOUDGE, ARMSTRONG AND JURIANSZ JJ.A.

BETWEEN:

LELING PHOENIX BRAKE CANADA INC.

Plaintiff (Appellant)

And

ARA HALAJIAN c.o.b. AUTO PARTS MART

Defendant (Respondent)

Counsel: Mark S. Grossman for the appellant Colin Still for the respondent

Heard: April 27, 2007

On appeal from the judgment of Justice Peter Hambly of the Superior Court of Justice dated February 14, 2006.

APPEAL BOOK ENDORSEMENT

[1] In our view the trial judge erred in granting the non-suit. There clearly was probative evidence of the oral contract contended for by the appellant - a contract with a new company at a new location.

[2] Had the non-suit application been dismissed, the appellant's claim should have been allowed. So ordered. Judgment set aside and judgment ordered for the appellant. Costs to the appellant fixed at $10,000 for the trial and $5,000 for the appeal, all inclusive.