CITATION: 120079 Ontario Inc. v. 253687 Ontario Limited, 2011 ONCA 200

DATE: 20110314

DOCKET: C51620

COURT OF APPEAL FOR ONTARIO

MacPherson, Rouleau and Epstein JJ.A.

BETWEEN

1290079 Ontario Inc.

Plaintiff (Respondent)

and

253687 Ontario Limited

Defendant (Appellant)

Peter Azman, for the appellant

Leo Klug, for the respondent

Heard & released orally: March 4, 2011

On appeal from the judgment of Justice Eva Frank of the Superior Court of Justice dated January 14, 2010.

ENDORSEMENT

[1] The appellant appeals the judgment of Frank J. of the Superior Court of Justice dated January 14, 2010 interpreting a commercial lease between the parties.

[2] Following a brief trial with testimony from the principals of the two corporate parties, the trial judge determined that the initial term of the lease was 25 years and not 5 years as alleged by the appellant. Therefore, the respondent had not failed to renew the lease in accordance with the terms of the lease. The trial judge also ordered the appellant to pay the respondent $24,000 for rental of a roof sign on the leased property.

[3] On appeal, the appellant contends that the trial judge was biased against him, that she misinterpreted the lease and that she erred in rejecting the appellant’s claim that providing for a 25 year initial term in the lease constituted a unilateral mistake entitling the appellant to void the lease.

[4] We do not accept these submissions. There is absolutely nothing in the record to support the appellant’s claim of judicial bias. On the interpretation of the lease issue, it is our view that the trial judge’s interpretation is supported by the record.

[5] As to the claim of unilateral mistake, we see no error in the trial judge’s rejection of this claim. The appellant is an experienced businessman who participated in the drafting of the lease and the trial judge’s finding that the true intent of the parties when they entered into the lease was that the initial term be 25 years is well supported by the evidence.

[6] The appeal is dismissed. Costs are fixed at $7,000 inclusive of disbursements and applicable taxes.

“J.C. MacPherson J.A.”

“Paul Rouleau J.A.”

“Gloria Epstein J.A.”