CIT Italian Tourism Company (Canada) Inc. v. Travel Lovers Travel Inc., 2007 ONCA 355

Date: 2007-05-10

Docket: C45764

Court of Appeal for Ontario

Borins and MacFarland JJ.A., and MacDonald J. (ad hoc)

Between:

CIT Italian Tourism Company (Canada) Inc. (Plaintiff/Respondent)

and

Travel Lovers Travel Inc., Stan Mintsoulis and Don Ierullo (Defendants/Appellants)

Counsel:

Joy Casey, for the appellants

Thomas J. MacLennan, for the respondent

Heard: May 8, 2007

On appeal from the judgment of Justice Thea P. Herman of the Superior Court of Justice dated June 28, 2006.

Appeal Book Endorsement

[1] The central issue for the trial judge to determine was whether the respondent, CIT, provided the appellant with assurance that he would not be paying more for the cost of the hotel rooms than he would pay if he were to book the rooms directly with the hotels. The trial judge found that CIT did not provide such assurance to the appellant. Her findings of fact are entitled to deference. We have not been persuaded that the trial judge made any palpable or overriding errors. Her findings were open to her on the evidence.

[2] Given our decision in respect to the central issue, CIT will be fully reimbursed for the cost of the services that it provided to the appellant. It follows that there is no reason why Travel Lovers should not be paid its commission.

[3] Subject to deleting para. 2 of the judgment, the appeal is dismissed with costs fixed at $2,000 inclusive of disbursements and GST.