Court of Appeal for Ontario

Citation: Cain v. Peterson, 2007 ONCA 396

Date: 2007-05-25

Docket: C44427

Between:

James Cain Plaintiff (Appellant)

and

Shelly Peterson, Jason Beer, Kevin Allan, 1445419 Ontario Inc., 1297639 Ontario Inc. and 1433674 Ontario Inc. Defendants (Respondents)

Judges: Rosenberg, Gillese and Lang JJ.A.

Counsel: James C. Cain in person Shelly Peterson in person

Heard and endorsed: May 24, 2007

On appeal from the judgment of Justice Michael R. Dambrot of the Superior Court of Justice dated October 20, 2005.

Appeal Book Endorsement

[1] The appellant raises a number of issues concerning the findings of fact by the trial judge.

[2] First, he argues that the trial judge erred in his calculation of the amounts owing. However, on the findings of fact by the trial judge this does not affect the liability of the respondent.

[3] Second, he argues that the trial judge erred in finding that he had contracted with the company. This was a finding of fact and so the appellant must show that the trial judge made a palpable and overriding error or that the finding was unreasonable. The trial judge gave reasons for the finding he made. We are satisfied that there was a factual basis for that finding, particularly given the finding that at the time no partnership existed.

[4] Third, the appellant argues that he should not have to wait for resolution of the bankruptcy proceedings to be paid the monies he is owed. That, however, is a matter of law under the Bankruptcy and Insolvency Act and not a matter that we can deal with.

[5] Finally, the appellant argues that the finding that there was cause to terminate was unreasonable. The trial judge gave complete reasons for his finding. We understand that Mr. Cain takes a different view of the facts, but we cannot say that the trial judge erred.

[6] Accordingly, the appeal is dismissed with costs fixed at $1,500 inclusive of G.S.T. and disbursements.