Court of Appeal for Ontario

CITATION: Glover v. Perron, 2011 ONCA 472

DATE: 20110621

DOCKET: C52821

BEFORE: O’Connor A.C.J.O., Armstrong and Rouleau JJ.A.

BETWEEN

Richard Glover

Plaintiff (Appellant)

and

Michel Perron

Defendant (Respondent)

COUNSEL:

Eric R. Williams, for the plaintiff (appellant)

Stephen J. Maddex, for the defendant (respondent)

HEARD: June 20, 2011

On appeal from the judgment of Justice Annis of the Superior Court of Justice dated September 27, 2010.

APPEAL BOOK ENDORSEMENT

[1] Even accepting that the letter of April 1, 2008 constituted a valid offer, we do not agree that the appellant accepted that offer.

[2] The April 4th letter indicated an intention to negotiate the terms of an agreement. The draft agreement prepared by the appellant’s counsel and forwarded on April 30th underlines the fact that there had not been a meeting of minds sufficient to constitute a binding contract. The draft agreement included only a one way release from the respondent to the appellant.

[3] The response of the respondent made it clear that this was unacceptable.

[4] As a result, the appeal is dismissed.

[5] Costs to the respondent in the amount of $15,000, inclusive of disbursements and all applicable taxes.