Court File and Parties

CITATION: Christopher v. Inshan, 2011 ONCA 677

DATE: 20111101

DOCKET: C52874

COURT OF APPEAL FOR ONTARIO

Doherty, Moldaver and Feldman JJ.A.

BETWEEN

Anthony Christopher

Plaintiff (Appellant)

and

Nazira Inshan, Trevor Ramdeen, Amanda Cheslock, and Margaret Bernat

Defendants (Respondents)

Anthony Christopher, appearing in person

Ashley Artopoulo, for Amanda Cheslock

Robert Bowman, for Nazira Inshan and Trevor Ramdeen

Heard: April 13, 2011

On appeal from the judgment of Justice Lois B. Roberts of the Superior Court of Justice dated October 4, 2010.

ENDORSEMENT

[1] We have now received and reviewed the reasons and the parties’ written submissions.

[2] This appeal is fact driven. On the evidence before her, the motion judge found that the appellant entered into a binding settlement agreement with the respondents and that the respondents did not accept his subsequent repudiation of it.

[3] Those findings were open to the motion judge and we see no basis for interfering with them. In particular, we agree with the motion judge’s analysis of the appellant’s disability and her finding that it did not render him incapable of entering into the settlement agreement of which he had a full and complete understanding.

[4] In the result, we have not been persuaded that the motion judge erred in her findings of fact or in her legal analysis. Accordingly we would dismiss the appeal. The respondents are entitled to costs fixed at $1,500, inclusive of disbursements and H.S.T.

“Doherty J.A.”

“K. Feldman J.A.”

“M.J. Moldaver J.A.”