Court of Appeal for Ontario

Citation: Campoli v. Gianforcaro, 2016 ONCA 818

Date: 2016-11-04

Docket: C61588

Before: Simmons, LaForme and Pardu JJ.A.

Between:

Nancy Campoli

Plaintiff (Respondent)

and

Giuseppe Gianforcaro and Lillian Gianforcaro

Defendants (Appellants)

And Between:

Giuseppe Gianforcaro and Lillian Gianforcaro

Plaintiffs by counterclaim (Appellants)

and

Nancy Campoli and Bruno Campoli

Defendants by counterclaim (Respondents)

Counsel:

Bhupinder Nagra, for the appellants

Conor D. O'Hare, for the respondents

Heard: September 26, 2016

On appeal from the judgment of Justice Graeme Mew of the Superior Court of Justice dated November 27, 2015.

Endorsement

[1] The appellants appeal from a judgment requiring that they pay to the respondent plaintiff the sum of $30,000, being the balance owing under the terms of Minutes of Settlement, and exchange full and final releases as required under the Minutes.

[2] Absent palpable and overriding error or an extricable error of law, the motion judge’s interpretation of the Minutes is entitled to deference: Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, [2014] 2 S.C.R. 633. The appellants have demonstrated neither. Moreover, the appellants cannot rely on their own conduct to support a claim that the Minutes were frustrated: G.H.L. Fridman, The Law of Contract in Canada, 6th ed. (Toronto: Carswell, 2011), at p. 623.

[3] The appeal is therefore dismissed. The appellants did not seek leave to appeal costs and therefore withdrew their costs appeal at the oral hearing. Costs of the appeal are to the respondents fixed in the amount of $7,500 inclusive of disbursements and applicable taxes.

“Janet Simmons J.A.”

“H.S. LaForme J.A.”

“G. Pardu J.A.”