COURT OF APPEAL FOR ONTARIO

CITATION: 1159607 Ont. Inc. v. Country Style Food Services Inc., 2013 ONCA 589

DATE: 20130926

DOCKET: C55150

Laskin, Rosenberg and Goudge JJ.A.

BETWEEN

1159607 Ontario Inc., Joseph Sirianni and Eugene Sirianni

Plaintiffs (Respondents on Appeal)

and

Country Style Food Services Inc. Country Style Realty Limited, and Melody Farms Speciality Foods and Equipment Limited

Defendants (Appellants)

Arnold H. Zweig, for the appellants

Robert B. Macdonald, for the respondent

Heard: September 19, 2013

On appeal from the order of Justice Ruth E. Mesbur of the Superior Court of Justice, dated February 6, 2012.

APPEAL BOOK ENDORSEMENT

[1] The appellants argue two points:

(1) Damages – in our view, the trial judge did not err in deducting rent and related expenses under s. 6(6)(a) of the Act.

(2) The May 2/07 letter – the trial judge’s finding that the May 2 letter constituted a franchisee agreement for five years is reasonable and supported by the evidence and the factual context in which the letter was signed

[2] Accordingly, the appeal is dismissed with costs in the agreed on amount of $8,000 all in.