Court of Appeal for Ontario

Citation: Menon v. Prestige Toys Ltd., 2008 ONCA 424

Date: 20080528

Docket: C47579

Before: SHARPE, BLAIR and ROULEAU JJ.A.

Between:

SEEMA MENON

Plaintiff (Respondent)

and

PRESTIGE TOYS LTD., SVETLANA LIOUBIMOVA and MAZIYAR KHADEMI

Defendants (Appellants)

Counsel:

John W. Chidley-Hill for the appellants

Blair Nitchke for the respondent

Heard: May 27, 2008

On appeal from the judgment of Justice M. Forestell of the Superior Court of Justice dated July 5, 2007.

APPEAL BOOK ENDORSEMENT

[1] We see no error on the part of the motion court judge granting summary judgment to enforce the minutes of settlement. The appellants asked the court to imply a term that the plaintiff would refrain from actively assisting in the OMVIC proceedings. We agree with the motion court judge that there is nothing in the evidence to support such an implied term. The minutes are clear. The appellants had the right to disclose to OMVIC that the lawsuit had been resolved to the respondent’s satisfaction. It was not in the respondents’ capability to remove the risk of prosecution. As the motion court judge observed, the respondent could not agree to the proposed implied term as she would be subject to being subpoenaed and if subpoenaed, she would have to tell the truth. We do not agree that the question of whether or not the plaintiff produced all relevant documents before the tribunal has any relevance to the issue before us. That was a matter for the tribunal to resolve.

[2] Accordingly, the appeal is dismissed. Cost of the appeal to the respondent fixed at $6,504.38 all inclusive. While the amount of $2887.65 claimed for the costs of the motion seems fair and reasonable – indeed, the appellant take no issue with the quantum – we leave the costs of the motion to be fixed by the motion court judge.