Standard Radio Inc. v. TNAG True North Advertising Groups Inc., 2007 ONCA 402

CITATION: Standard Radio Inc. v. TNAG True North Advertising Groups Inc., 2007 ONCA 402

DATE: 20070528

DOCKET: C45472

COURT OF APPEAL FOR ONTARIO

LASKIN, MOLDAVER and SHARPE JJ.A.

BETWEEN:

STANDARD RADIO INC.

Plaintiff (Respondent)

and

TNAG TRUE NORTH ADVERTISING GROUP INC. and TRUE NORTH CORPORATION

Defendants (Appellant)

Michael Simaan for the appellant

Joel E. Levitt for the respondent

Heard: May 23, 2007

On appeal from the judgment of Justice Gerald F. Day of the Superior Court of Justice dated May 1, 2006.

APPEAL BOOK ENDORSEMENT

[1] The only issue in this action is the identity of the entity responsible for the invoices. At trial the defendants, who filed one defence and were represented by the same counsel, took the position that Local Knowledge was responsible. The trial judge rejected that position

[2] Now on appeal, the appellant, TNAG, whom the trial judge fixed with responsibility, contends that the responsible defendant was not it but True North Corporation.

[3] In the light of the defence’s position at trial, we doubt it is open to the appellant to take this position on appeal. Even if it can legitimately take this position, we are not persuaded that the trial judge committed any palpable and overriding error in finding the appellant liable. There was some evidence to support his finding.

[4] Accordingly, the appeal is dismissed with costs, fixed at $4,500, all inclusive.