Court of Appeal for Ontario

CITATION: 457351 Ontario Inc. v. Golfnorth Properties Inc., 2014 ONCA 382
DATE: 20140512
DOCKET: C57642

BEFORE: Laskin, Rouleau and Lauwers JJ.A.

BETWEEN

457351 Ontario Inc. and Diana Vacca
Applicants (Appellant)

and

Golfnorth Properties Inc.
Respondent (Respondent)

COUNSEL:
Robyrt H. Regan, for the appellant
S.J. Adler, for the respondent

HEARD: May 1, 2014

On appeal from the order of Justice Gordon D. Lemon of the Superior Court of Justice, dated August 29, 2013.

APPEAL BOOK ENDORSEMENT

[1] We agree with the appellant that the clause in question in Schedule A of the Agreement of Purchase and Sale is not ambiguous. However, we also agree with the application judge’s interpretation of the clause, given the words the parties used, especially the handwritten “for greater certainty” sentence, and the commercial reality on this transaction.

[2] Accordingly, the appeal is dismissed with costs to the respondent of $10,000 all in.