CITATION: The Falls Property Management Inc. v. R.F. Moote and Associates Ltd., 2008 ONCA 8
DATE: 20080109
DOCKET: C47380
COURT OF APPEAL FOR ONTARIO
MACPHERSON, MACFARLAND and EPSTEIN JJ.A.
BETWEEN:
THE FALLS PROPERTY MANAGEMENT INC.
Plaintiff/Appellant
and
R.F. MOOTE AND ASSOCIATES LTD., JEDURA CAPITAL CORP., GEORGE WINDSOR, ROBERT MOOTE, KARL VON BLOEDAU, and FRANCIS & ASSOCIATES
Defendants/Respondents
Ian McLean for the appellant
Gary G. Boyd for the respondents
Heard: January 8, 2008
On appeal from the judgment of Justice George T. Valin of the Superior Court of Justice dated June 19, 2007.
APPEAL BOOK ENDORSEMENT
[1] The appellant appeals the order of Valin J. dated 19 June 2007 striking out the portions of the statement of claim against the defendants George Windsor and Francis and Associates.
[2] We entirely agree with Valin J.’s conclusion that “there are insufficient facts pleaded by the plaintiff in its amended statement of claim to support the bald allegation that Windsor made a negligent misrepresentation to it.”
[3] Accordingly, the appeal is dismissed. The respondents are entitled to their costs fixed at $5000 inclusive of disbursements and GST.