Court of Appeal for Ontario

Citation: Severnwoods Construction Inc. v. Aiello, 2012 ONCA 164

Date: 2012-03-15

Docket: C54150

Before: Winkler C.J.O., Armstrong and LaForme JJ.A.

Between

Severnwoods Construction Inc.

Plaintiff (Respondent)

and

Frank Aiello and Kristen Maria Collins Aiello

Defendants (Appellants)

Counsel: Claudio R. Aiello, for the appellants David Winer, for the respondent

Heard and released orally: March 6, 2012

On appeal from the order of Justice Michael A. Penny of the Superior Court of Justice, dated July 29, 2011.

ENDORSEMENT

[1] This is an appeal from the order of Justice Penny enforcing a settlement made between the respondent general contractor and the appellants, who retained the general contractor in respect of substantial renovations done to their family home in Toronto. The issue on this appeal is whether the settlement included amounts that may be owed by the appellants to a sub-contractor (known in the record as Ked) for millwork with whom the appellants dealt directly.

[2] We are satisfied from a review of the relevant correspondence between the appellants and the sub-contractor, and a review of the relevant invoices submitted by the general contractor that the settlement does not include amounts that may be owing to the sub-contractor in regard to matters that were directly dealt with between the appellants and the sub-contractor. It was not in the contemplation of either party that the settlement would include work carried out by Ked as a result of direct dealings between the appellants and Ked.

[3] In our view, the motion judge was correct in enforcing the settlement. The appeal is therefore dismissed.

[4] The respondent is entitled to its costs fixed in the amount of $8,500 inclusive of disbursements and all applicable taxes.

“Winkler C.J.O.”

“Robert P. Armstrong J.A.”

“H.S. LaForme J.A.”