Court of Appeal for Ontario

CITATION: Yenkanna v. Bay Truck Sales, 2007 ONCA 629

DATE: 20070914

DOCKET: C45336

MACPHERSON, SHARPE and JURIANSZ JJ.A.

BETWEEN:

ROY YENKANNA and R&R MOVING AND DELIVERY INC.

Plaintiffs/Appellants

and

BAY TRUCK SALES INC., ISLAND LEASING INC., ISALND CONSOLIDATED LEASING LIMITED PARTNERSHIP, BLUE RIBBON TRUCK SALES INC., GREAT NORTH LEASING INC., 1171462 ONTARIO LIMITED (C.O.B. AS ISLAND FORD SALES & SERVICES), JOHN T. KENNEDY, FORD MOTOR COMPANY OF CANADA, LIMITED and FORD CREDIT CANADA LEASING LIMITED

Defendants/Respondents

Counsel:

George B. Callahan for the appellants

Gerard V. Thompson for the respondents

Heard: September 13, 2007

On appeal from judgment of Justice J. Patrick Moore of the Superior Court of Justice dated April 5, 2006.

APPEAL BOOK ENDORSEMENT

[1] The trial judge wrote careful reasons dealing with all aspects of the plaintiff’s claim. On the main issue advanced on the appeal, the trial judge’s conclusion that there was not a special relationship between the parties was fully supported by the evidence.

[2] The appeal is dismissed. Costs to the respondents fixed at $7000 inclusive of disbursements and GST.