CITATION: Rosser v. Fritz, 2010 ONCA 693
DATE: 20101020
DOCKET: C50597
COURT OF APPEAL FOR ONTARIO
Sharpe, Blair and Rouleau JJ.A.
BETWEEN
Douglas Rosser and Michelle Rosser
Plaintiffs (Appellants)
and
Jensen Fritz and Tina Fritz, William Muir and Henrica Muir and The Fraternal Fellowship Association
Defendants (Respondents)
Thomas Kent, for the plaintiffs/appellants
Donald Elliot, Q.C., for the defendants/respondents
Heard: October 19, 2010
On appeal from the judgment of Justice T. David Little of the Superior Court of Justice dated May 5, 2009.
APPEAL BOOK ENDORSEMENT
[1] In our view, there is no merit to this appeal. The trial judge addressed the theory of liability pleaded, namely, negligent misrepresentation and found no liability and no damages. Even if on a different theory, which appears to us not to have been advanced at trial, namely, breach of contract, there might be liability, we fail to see how the damages claimed are attributable in law to any such breach.
[2] Appeal dismissed. Costs to the respondent fixed at $5,000 inclusive of disbursements and tax.