Court of Appeal for Ontario

CITATION: Young v. Turner, 2008 ONCA 305

DATE: 20080422

DOCKET: C47187

BEFORE: ROSENBERG, BORINS and EPSTEIN JJ.A.

BETWEEN:

ROSA YOUNG

Applicant (Respondent in Appeal)

and

JOHN TURNER and JEANNE MARIE TURNER

Respondents (Appellant)

COUNSEL:

Timothy C. Flannery for the appellant

Michael B. Wannop for the respondent

HEARD AND ENDORSED: April 18, 2008

On appeal from the judgment of Justice Patrick Flynn of the Superior Court of Justice dated April 25, 2007.

APPEAL BOOK ENDORSEMENT

[1] We are satisfied that whatever the definition of encumbrance, the intention of the parties as reflected in the amended agreement was that the respondent would receive $61,000 out of the net proceeds of sale.

[2] Accordingly, the appeal is dismissed with costs in the amount $6,000 inclusive of G.S.T. and disbursements.