Court of Appeal for Ontario

Date: 2018-05-28 Docket: C64785

Judges: Doherty and LaForme JJ.A. and Himel J. (ad hoc)

Between

Robert Allan Perry Plaintiff (Respondent)

and

Neil D'Souza and Mass Fidelity Inc. Defendants (Appellant)

Counsel

Anthony Moustacalis, for the appellant

Joseph Figliomeni, for the respondent

Hearing and Lower Court

Heard: May 25, 2018

On appeal from: The order of Justice P.J. Cavanagh of the Superior Court of Justice, dated November 27, 2017.

Appeal Book Endorsement

[1] The appellant does not argue that this was not an appropriate case for summary judgment. The motion judge thoroughly reviewed the relevant documents. The outcome turned on the interpretation of the documents. Contractual interpretation attracts deference, absent error of law. We see no error in the motion judge's legal analysis. We also see no material misapprehension of the evidence or any failure to consider relevant evidence. The motion judge's factual findings easily clear the reasonableness bar.

[2] The appeal is dismissed.

[3] Costs to the respondent in the amount of $10,000, inclusive of disbursements and relevant taxes.