Court File and Parties

CITATION: 1455293 Ontario Inc. v. Virani, 2011 ONCA 175

DATE: 20110304

DOCKET: C52823

COURT OF APPEAL FOR ONTARIO

Moldaver, Cronk and Juriansz JJ.A.

BETWEEN:

1455293 Ontario Inc., Save on Auto Inc. and Ali Sepehripour

Plaintiffs (Respondents)

and

Dr. Mirza R. Virani and Alice Virani

Defendants (Appellant)

Counsel:

Morris Trent and Darren J. Smith, for the appellant

Kimberly Boara Alexander, for the respondents

Heard and endorsed: March 3, 2011

On appeal from the judgment of Justice Michael A. Penny of the Superior Court of Justice, dated September 22, 201.

APPEAL BOOK ENDORSEMENT

[1] Despite Mr. Morris’ full and complete submissions, we are not persuaded that the motion judge erred in granting partial summary judgment. Based on the record, including the appellant’s own admissions, the motion judge properly concluded that there was no basis to set aside the bargain struck by the parties on account of duress. Accordingly, there was no genuine issue for trial. The partial summary judgment is not, in our view, an impediment to the trial of the remaining issues between the parties and certainly presents no basis for holding up the judgment to which the respondent is entitled.

[2] Accordingly, the appeal is dismissed.

[3] Costs to the respondent fixed at $6,500 inclusive of applicable taxes and disbursements payable by the appellant Dr. Virani.