CITATION: 595799 Ontario Limited v. Galpin, 2010 ONCA 834

DATE: 20101207

DOCKET: C52197

COURT OF APPEAL FOR ONTARIO

Goudge, Gillese and Lang JJ.A.

BETWEEN

595799 Ontario Limited

Plaintiff (Appellant)

and

Albert-Jan Tennent Kolsteeg Galpin and Teresa De Marco

Defendants (Respondents)

Paul N. Leamen, for the appellant

Sean P. Bawden, for the respondent

Heard and released orally: December 3, 2010

On appeal from the judgment of Justice Robert N. Beaudoin of the Superior Court of Justice dated May 5, 2010.

ENDORSEMENT

[1] The appellant argues that a trial is required to adjudicate its claim that the respondent intentionally interfered with its economic relations with PWGSC by means of the tort of nuisance inflicted on PWGSC.

[2] In our view, there is an insurmountable difficulty with this namely, that there is no evidence requiring trial that the appellant has suffered damages as a result of the respondent’s conduct. As to the lease renewal of the upper floors, there is no expert evidence, but merely the appellant’s own opinion that this was at the low market rate. Nor was there any evidence that PWGSC required the renewal term or the renewal rate because of the respondent’s conduct. As to the renewal of PWGSC’s lease for the ground floor, it will not arise as a possibility until 2014. There is no evidence requiring trial that the lease is likely not to be renewed then, or that what will happen then will be a result of the respondent’s actions.

[3] The appeal must be dismissed. Costs to the respondent fixed at $10,000 inclusive of disbursements and applicable taxes.

“S. T. Goudge J.A.”

“E. E. Gillese J.A.”

“S. Lang J.A.”