Court of Appeal for Ontario

Citation: Holmes v. Rowbotham, 2015 ONCA 740

Date: 2015-11-02

Docket: C60349

Before: Feldman, Lauwers and Benotto JJ.A.

Between:

Marion Gwendolyn Holmes

Respondent (Plaintiff)

(Defendant by Counterclaim)

and

Gary Rowbotham and The Estate of Willis Elmer Rowbotham

Appellant (Defendants)

(Plaintiff by Counterclaim)

and

Cory John Legge and Courtney Alexandra Legge

Respondents

(Defendants by Counterclaim)

Counsel:

Joyce M.D. Thomas, for the appellant

John W.E. Gilbert and Ross C. McLean, for the respondents, Cory John Legge and Courtney Alexandra Legge

Douglas A. Grace, for the respondent, Marion Gwendolyn Holmes

Heard: October 29, 2015

On appeal from the judgment of Justice O’Connor of the Superior Court of Justice, dated February 13, 2015.

APPEAL BOOK ENDORSEMENT

[1] The essence of the appellant’s position is that O’Connor J. erred on January 8, 2015, when he endorsed the record that “Further negotiations on the mediation resulted in resolution of all issues”. On the return of the motion on February 13, 2015, for implementation of the terms of the settlement, the appellant told O’Connor J. that he wanted to seek a second opinion and the motion judge advised that a settlement had been reached and the matter was concluded. The appellant was represented by counsel throughout. There is no basis to interfere with the conclusion reached by O’Connor J., see Scherer v. Paletta 1966 CanLII 286 (ON CA), [1966] 2 O.R. 524 (CA).

[2] The appeal is dismissed with costs payable by the appellant of $7,000 to each of the respondents, Holmes and the respondent Legge, as a group, inclusive of disbursements and HST.