Court of Appeal for Ontario

CITATION: Muhammad v. Mental Health Program Services of Metropolitan Toronto, 2008 ONCA 322

DATE: 20080429

DOCKET: C45978

SHARPE, GILLESE and BLAIR JJ.A.

BETWEEN:

DIL MUHAMMAD

Plaintiff (Appellant)

and

MENTAL HEALTH PROGRAM SERVICES OF METROPOLITAN TORONTO, HABITAT SERVICES and ALISON GUYTON

Defendants (Respondents)

Counsel: Theodore P. Charney and H. Jack Parsekhian for the appellant Deborah Berlach for the respondents

Heard & released orally: April 23, 2008

On appeal from the order of Justice Harvison Young of the Superior Court of Justice dated August 18, 2006.

ENDORSEMENT

[1] We do not agree with the submission that the trial judge erred in ruling that the appellant was entitled only to 90 days notice upon non-renewal of the contract. Accepting, for the purposes of this appeal, the trial judge’s ruling that the appellant had a reasonable expectation of notice of non-renewal, we fail to see any basis for holding that the appellant was entitled to more than 90 days notice.

[2] It is conceded that the respondent had the right to terminate the contract during its term on 90 days notice pursuant to para. 20(a) of the contract. The trial judge did not err in concluding that it followed that notice of non-renewal could not exceed 90 days. Nor did the trial judge err by limiting the breach to the difference between the 56 days notice given and the 90 days notice to which the appellant was entitled.

[3] The trial judge found that the appellant’s records and evidence as to damages were unreliable and inadequate to establish anything more than nominal damages for that period and there is no basis for us to interfere with that factual finding.

[4] Accordingly, the appeal is dismissed. Costs to the respondent fixed at $15,000 inclusive of disbursements and GST.

“Robert J. Sharpe J.A.”

“E.E. Gillese J.A.”

“R.A. Blair J.A.”