Court of Appeal for Ontario

Citation: 2017 ONCA 429

Date: May 25, 2017

Docket: C61520

Panel: LaForme, van Rensburg and Huscroft, JJ.A.

Parties

Between

R. Sheldon Duff (a sole proprietor operating as Duff Capital Group)

Plaintiff (Respondent)

and

Genesys Laboratories Canada Inc.

Defendant (Appellant)

Counsel

For the Appellant: Jeffrey B. Simpson

For the Respondent: R. Sheldon Duff, acting in person

Hearing and Lower Court Decision

Heard: May 19, 2017

On appeal from: The judgment of Justice Wendy Matheson of the Superior Court of Justice, dated November 27, 2015.

Appeal Book Endorsement

[1] The burden on the appellant was to demonstrate that the trial judge made an extricable error of law or a palpable and overriding error in interpreting the contract.

[2] The appellant cannot do so on this record.

[3] The trial judge found that the appellant confirmed agreement with the respondent concerning a new termination date and tail period for the contract, and that this along with respondent's e-mails, satisfied the requirement of clause 10. The trial judge found, further, that the appellant's March 1, 2002 letter was consistent with a telephone call of February 21, 2002, in which it was agreed that the appellant would send a new cut-off date by letter.

[4] The appellant has identified no extricable errors of law. The appellant essentially invites this court to review all of the evidence considered by the trial judge and reach a different decision, that is not our rule on appeal.

[5] The trial judge fully and fairly considered all of the evidence that was before her and her decision is entitled to deference.

[6] The appeal is dismissed.

[7] The appellant shall pay costs of $500 to this respondent as a fee plus $12,500 for disbursements and HST.