Court of Appeal for Ontario

CITATION: Telios v. Hypnotic Clubs Inc., 2010 ONCA 88

DATE: 20100201

DOCKET: C50799

BEFORE: Goudge, Armstrong and Juriansz JJ.A.

BETWEEN:

Penny Telios Plaintiff (Respondent)

and

Hypnotic Clubs Inc. Defendant (Appellant)

COUNSEL:

Linda Galessiere, for the appellant

Howard Wise and Brad Halfin, for the respondent

HEARD: January 28, 2010

On appeal from the judgment of Justice David Aston of the Superior Court of Justice dated June 29, 2009.

APPEAL BOOK ENDORSEMENT

[1] We agree with the motion judge that, given all the evidence before him, there is no genuine issue warranting a trial of the factual question of whether there was an offer of settlement made in July 8, 2008 that was not subject to any condition about the logistics of payment. That offer was clearly made and accepted the next day.

[2] The appeal is dismissed. Costs to the respondent fixed at $3500 all inclusive.