Court of Appeal for Ontario

Date: 2017-04-06 Docket: C62947

Judges: Doherty, MacFarland and Rouleau JJ.A.

Parties

Between

Jones Collombin Investment Counsel Inc. and 2466043 Ontario Inc. Plaintiffs (Appellants)

and

Beverley Collombin and David W. Fickel Defendants (Respondents)

And Between

David W. Fickel Plaintiff by Counterclaim

and

Jones Collombin Investment Counsel Inc. and 2466043 Ontario Inc. Defendants to the Counterclaim

Counsel

For the appellants, Jones Collombin Investment Counsel Inc.: Jaan E. Lilles and Sam Johansen

For the respondent, Beverley Collombin: Allison Buchanan

For the respondent, David Fickel: Paul Le Vay and Carlo Di Carlo

Hearing and Appeal

Heard: April 4, 2017

On appeal from: The order of Justice Michael A. Penny of the Superior Court of Justice, dated October 26, 2016.

Appeal Book Endorsement

[1] We cannot accept the appellants' submissions. The trial judge was alive to the relevant legal principles. He focused, although not exclusively, on the language of the key passage in the agreement. He did not find the language ambiguous, and gave it its plain meaning. He did so with an appreciation of the rest of the provisions and the circumstances giving rise to the agreement. We cannot say that the trial judge's interpretation of the provisions (see para. 34) is unreasonable. Absent an error in law, our inquiry can go no further.

[2] The appeal is dismissed. Costs to the respondent in the amount of $20,000 "all in".