Court of Appeal for Ontario

CITATION: Soan Mechanical Ltd. v. Terra Infrastructure Inc., 2011 ONCA 371

DATE: 20110512

DOCKET: C51458

BEFORE: Rosenberg, Simmons and Blair JJ.A.

BETWEEN

Soan Mechanical Ltd.

Plaintiff (Respondent)

and

Terra Infrastructure Inc., Daniel Demelo, Tony Di Battista and Richard Neath

Defendants (Appellants)

COUNSEL: Marco Drudi, for the appellant Terra Infrastructure Inc. Lianne Armstrong, for the respondent

Heard and endorsed: May 6, 2011

On appeal from the judgment of Justice Peter B. Hockin of the Superior Court of Justice dated December 15, 2009.

APPEAL BOOK ENDORSEMENT

[1] There is no merit to the appeal as to liability. The lack of personal knowledge does not affect the admissibility of business records: s. 35(4) of the Ontario Evidence Act. These records meet the definition of business records in s. 35(2).

[2] As to the pre-judgment interest, the circumstances including the lengthy time that this simple account was left unpaid, would justify a rate above the Court of Justice Act rate.

[3] There is an error in the judgment. Paragraph 2 is deleted.

[4] The judgment will bear interest at the rate of 2 percent.

[5] In all other respects, the appeal is dismissed with costs fixed at $5,000 inclusive of disbursements and H.S.T.