Court of Appeal for Ontario

Citation: 2017 ONCA 888 Date: 2017-11-21 Docket: C63542

Judges: Pardu, Trotter and Paciocco JJ.A.

Parties

Between

Yami Talk Catering Management Ltd. and Chenbin Zhong Plaintiffs (Respondents)

and

2309603 Ontario Inc., Pasofina Canada Corporation and Zahid Naseer Defendants (Appellants)

Counsel

Mohamed El Rashidy and Chandralal Handapangoda, for the appellants

Shane E. Kazushner, for the respondents

Hearing

Heard and released orally: November 15, 2017

On appeal from: the judgment of Justice Paul Perell of the Superior Court of Justice, dated February 28, 2017.

Reasons for Decision

[1] The appellant challenges the motion judge's interpretation of a contractual term, his factual finding that the respondent waived the time limit for performance of the term, but did not waive the obligation of the landlord to perform that term, and also challenges his award of damages.

[2] Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, requires deference to a trial judge's interpretation of a contract. Having regard to the combination of the factual circumstances of the parties and a poorly drafted clause, we do not conclude that the trial judge's interpretation of the contract was unreasonable or that there was any palpable and overriding error in his findings of fact. The award of reliance damages was not unreasonable.

[3] The appeal is dismissed with costs to the respondent fixed at $20,000 all inclusive.

G. Pardu J.A.

G.T. Trotter J.A.

David Paciocco J.A.