CITATION: The Board of Governors of Exhibition Place v. Muzik Clubs Inc., 2008 ONCA 478
DATE: 20080613
DOCKET: C47574
COURT OF APPEAL FOR ONTARIO
FELDMAN, LANG and EPTSTEIN JJ.A.
BETWEEN:
THE BOARD OF GOVERNORS OF EXHIBITION PLACE
Applicant (Respondent)
and
MUZIK CLUBS INC. and HYPNOTIC CLUBS INC.
Respondents (Appellants)
Robert Cohen and Randall Rothbart for the appellants
Darrel A. Smith for the respondent
Heard and endorsed: June 6, 2008
On appeal from the judgment of Justice Edward Belobaba of the Superior Court of Justice dated July 18, 2007.
APPEAL BOOK ENDORSEMENT
[1] The appellant appeals from the decision of the application judge interpreting the provisions of a lease. Both sides agree that the standard of review is correctness. In our view, the conclusion reached by the motion judge as to the meaning of the disputed terms is correct.
[2] On the issue of the application of the terms of the lease to the facts of two events held on the premises, the standard is reasonableness. In our view the application judge’s conclusions on these issues are reasonable ones.
[3] Substantially for the reasons given by the application judge, the appeal is dismissed with costs fixed at $10,000 inclusive of G.S.T. and disbursements.