COURT OF APPEAL FOR ONTARIO

CITATION: Guindon v. Dolson, 2013 ONCA 43

DATE: 20130125

DOCKET: C55416

Goudge, Epstein and Tulloch JJ.A.

BETWEEN

Robert Guindon and Normc Developers Inc.

Plaintiff (Appellants)

and

David W. Dolson

Defendant (Respondent)

Graydon Sheppard, for the appellant

James H. Bennett, for the respondent

Heard: January 21, 2013

On appeal from the judgment of Justice Clayton Conlan of the Superior Court of Justice, dated March 27, 2012.

APPEAL BOOK ENDORSEMENT

[1] The trial judge made two clear findings of fact that are sufficient to dispose of this appeal.

[2] First, he found that the respondent discussed with the appellant his concerns about New Day taking title to the property but not being bound by the joint venture agreement.

[3] Second, he found that the appellant instructed the respondent to proceed with the transfer as signed by the appellant, without going beyond those instructions to arrange that it be to New Day as a nominee and without altering the joint venture agreement.

[4] In our view, parts of the respondent’s evidence provide sufficient support for these findings that they cannot be said to constitute palpable and overriding errors.

[5] In short, the respondent cautioned the appellant about the problem, but was instructed to proceed in any event. Mr. Sheppard candidly acknowledges that if these are the circumstances he cannot succeed.

[6] We agree. Thus given these findings the appeal must be dismissed.

[7] Partial indemnity costs to the respondent fixed at $10,000 in full.