CITATION: Ferron v. Avotus Corporation, 2007 ONCA 73

DATE: 20070202

DOCKET: C44176

COURT OF APPEAL FOR ONTARIO

RE:

J. DREW FERRON (Plaintiff/Appellant) – and – AVOTUS CORPORATION (Defendant/Respondent)

BEFORE:

LASKIN, CRONK and LANG JJ.A.

COUNSEL:

Charles C. Mark, Q.C.

for the appellant

Andrew Gray

for the respondent

HEARD & ENDORSED:

January 31, 2007

On appeal from the judgment of Justice Alexandra Hoy of the Superior Court of Justice, dated August 19, 2005.

A P P E A L B O O K E N D O R S E M E N T

[1] The motions judge gave thorough and careful reasons for concluding that the parties had reached a settlement. The findings underlying her conclusion are amply supported by the email and voicemail correspondence between the lawyers.

[2] Despite Mr. Mark’s able argument, we are not persuaded that the motions judge committed any reviewable error.

[3] Accordingly, the appeal is dismissed, with costs fixed at $3,500 all-inclusive.