Court of Appeal for Ontario

CITATION: Radonna Investments Ltd. v. Rubin, 2012 ONCA 321

DATE: 20120514

DOCKET: C54617

BEFORE: Doherty, Simmons and LaForme JJ.A.

BETWEEN

Radonna Investments Ltd.

Plaintiff (Respondent)

and

Wolf Rubin and W.R. International Trade Corporation

Defendants (Appellants)

COUNSEL:

Ronald Birken, for the defendants (appellants)

Andrew Gray, for the plaintiff (respondent)

HEARD: May 11, 2012

On appeal from the judgment of Justice Beth Allen of the Superior Court of Justice, dated October 20, 2011.

APPEAL BOOK ENDORSEMENT

[1] The single issue raised on appeal – the operation of the limitation period – turns on whether the respondent repudiated the agreement when it demanded repayment in March 2008. Both sides agree that this is a proper case for summary judgment.

[2] We agree with the analysis of the motion judge, at paras. 22-31 of her reasons.

[3] The appeal is dismissed. Costs to the respondent in the amount of $10,000 “all in”.