Court of Appeal for Ontario

Citation: Bradshaw v. Langley, 2013 ONCA 606 Date: 2013-10-04 Docket: C57063

Before: Weiler, Feldman and Blair JJ.A.

Between:

Robert James Bradshaw Appellant

and

Patricia Anne Langley, by her Estate Trustees, Kathryn Edith Hope, Lancelyn Rayman-Watters, Judith Clarkson and Edward P. Kerwin Respondents

Counsel: Bryan Finlay (Q.C) and Karon Bales, for the appellant Peter H. Griffin and Brendan F. Morrison, for the respondents

Heard: October 1, 2013

On appeal from the order of Justice C. Horkins of the Superior Court of Justice, dated April 18, 2013.

ENDORSEMENT

[1] We are not persuaded that the summary judgment motion judge erred in relying on paragraph 8 of the Reply and Answer to Counterpetition of the appellant, as supported by the correspondence and subsequent conduct of Mr. Bradshaw in his payments to the respondent over time, in concluding that Mr. Bradshaw always understood that the intention of both parties was that regardless of the ownership of the assets, each held 50% for the other. The appeal is therefore dismissed with costs fixed at $11,000 inclusive of HST and disbursements.

"K.M. Weiler J.A."

"K.N. Feldman J.A."

"R.A. Blair J.A."