Court of Appeal for Ontario

Citation: Kermani v. Hung-Fung-Yuen Products Corp., 2016 ONCA 695

Date: 2016-09-21

Docket: C61723

Before: Hoy A.C.J.O., Lauwers and Benotto J.A.

Between:

Mitra Kermani

Appellant

and

Hung-Fung-Yuen Products Corp. and Thomas Wong

Respondents

Counsel:

Mitra Kermani, in person

Jonathan Ng, for the respondents

Heard and released orally: September 16, 2016

On appeal from the judgment of Justice Hood of the Superior Court of Justice, dated December 18, 2015.

ENDORSEMENT

[1] The appellant’s claim against the respondents was dismissed on summary judgment motion. The respondent corporation signed an agreement of purchase and sale with the appellant’s brother. The respondent Wong was the respondents’ agent. The appellant was not party to the agreement of purchase and sale. When the transaction did not close, the appellant’s brother walked away and forfeited his deposit. The appellant sued for specific performance. She also claimed that she was owed money from the respondents because she had done work on the property. All parties moved for summary judgment and the motions were heard together.

[2] The motion judge dismissed the appellant’s action on the basis that she did not have a cause of action. On appeal the appellant argues that the motion judge erred in failing to find that she was the real purchaser and in failing to find that she was entitled to be paid for the improvements she made to the property.

[3] We reject these submissions.

[4] We agree with the motion judge that the appellant did not have a cause of action. She was not party to the agreement of purchase and sale. Furthermore, the material discloses and the motion judge found that any work on the property prior to closing was at the appellant’s own risk. There is therefore no genuine issue requiring a trial.

[5] The appeal is dismissed.

[6] Costs are fixed in the amount of $3500, on an all-inclusive basis.

“Alexandra Hoy A.C.J.O”

“P Lauwers J.A.”

“M.L. Benotto J.A.”