Court of Appeal for Ontario

CITATION: Church of Our Lady Fatima v. Canadian Equity Builder Inc., 2011 ONCA 524

DATE: 20110718

DOCKET: C51433

Before: Doherty, Laskin and Simmons JJ.A.

BETWEEN:

Church of Our Lady Fatima

Applicant (Appellant)

and

Canadian Equity Builder Inc., EQB Ltd., Equity Three Holdings Inc. and 3085 Hurontario Street Ventures Inc. c/o EQB. Ltd.

Respondents (Respondents in Appeal)

Counsel:

John Russo, for the appellant

James R. Smith, for the respondents

Heard: July 15, 2011

On appeal from the judgment of Justice Gordon D. Lemon of the Superior Court of Justice, dated November 16, 2009.

APPEAL BOOK ENDORSEMENT

[1] Despite Mr. Russo’s able argument, we would dismiss the appeal. The application judge was alive to the competing position and the divergent interpretations of the various documents. He focused on the offer to lease (in effect the lease) and the renewal document. In our view, he was entitled to do so and his reading of these documents reveals no error.

[2] We see no unfairness to the appellant in the application judge’s fixing of the actual amounts owing based on his interpretation of the lease. The appellant had a fair chance to put forward its position on the quantification issue.

[3] The appeal is dismissed. Costs to the respondent fixed at $5,000, inclusive of disbursements and all applicable taxes.