COURT OF APPEAL FOR ONTARIO

CITATION: Montana Management Inc. v. Perruzza, 2010 ONCA 727

DATE: 20101101

DOCKET: C50481

Laskin, Armstrong and Juriansz JJ.A.

BETWEEN

Montana Management Inc.

Plaintiff (Respondent)

and

Patricia Perruzza and Miguel Martinez Luna

Defendants

(Patricia Perruzza the Appellant)

Sergio Grillone, for the appellant

Stephen Edell, for the respondent

Heard: October 29, 2010

On appeal from the order of Justice of Claire Marchand of the Superior Court of Justice dated April 20, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant submits the moving party’s own evidence establishes she was in complete compliance with the agreement of purchase and sale on September 16, 2006, when a cheque to cover the deposit was provided. We do not accept that is so. There was no evidence that the cheque was negotiable when it was provided. The summary trial judge was entitled to conclude the cheque was not in fact negotiable when it was provided. Consequently, the appeal is dismissed.

[2] Costs fixed in the amount of $5,000 all inclusive.