Court File and Parties

CITATION: Seale & Associates Inc. v. Vector Aerospace Corporation, 2009 ONCA 875

DATE: 20091209

DOCKET: C50455

COURT OF APPEAL FOR ONTARIO

Winkler C.J.O., Laskin and Feldman JJ.A.

BETWEEN:

Seale & Associates Inc.

Plaintiff (Appellant)

and

Vector Aerospace Corporation, Parkview Capital Partners Inc., and Donald K. Jackson

Defendants (Respondents)

Counsel:

Alan J. Lenczner, Q.C. and Jordan Goldblatt, for the appellant

Danielle K. Royal and Patrick G. Duffy, for the respondents

Heard and endorsed: December 8, 2009

On appeal from the judgment of Justice Blenus Wright of the Superior Court of Justice dated April 14, 2009.

APPEAL BOOK ENDORSEMENT

[1] The trial judge made factual findings that disentitled the appellant to a commission. He found there was no agreement that the appellant would be paid in the absence of a completed transaction. He concluded that by not entering into an agreement that specified what would be payable if a sale did not close, “he risked ending up with nothing which on the evidence is the result he ought to have anticipated.”

[2] The trial judge also found that the appellant failed to prove a claim for unjust enrichment.

[3] In our view, the trial judge made no error in his findings or conclusions. The appeal is therefore dismissed.

[4] The respondent shall have its costs in the amount of $14,000 including disbursements and G.S.T.