Court File and Parties

CITATION: West v. Allapa Enterprises Inc., 2010 ONCA 97

DATE: 20100203

DOCKET: C50998

COURT OF APPEAL FOR ONTARIO

Sharpe, Simmons and Epstein JJ.A.

BETWEEN

Marc West

Plaintiff (Respondent)

and

Allapa Enterprises Inc. and Sean Baird

Defendants (Appellants)

Counsel:

Chris Argiropoulos, for the appellants

Kevin J. Scullion and Katrina Marciniak, for the respondent

Heard: January 29, 2010

On appeal from the judgment of Justice T. M. Dunn of the Superior Court of Justice dated August 25, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant relies on a collateral agreement in defence of the plaintiff’s claim on a promissory note, share purchase agreement and guarantee. There is no evidence in the record of any collateral agreement. In these circumstances, there is no basis for us to look behind the terms of the written document upon which the plaintiff sues. In our view, the motion judge did not err in granting summary judgment. Appeal dismissed. Costs to the respondent fixed at $5,887.35 inclusive of disbursements and GST.