Court of Appeal for Ontario

Date: 2019-02-21 Docket: C65496

Judges: Feldman, Brown and Miller J.A.

Between

Andreas Haas Plaintiff (Respondent)

and

Luca Viscardi Defendant (Appellant)

Counsel

Paul Gemmink and Heather Catania, for the appellant

Andrew H. Ottaway, for the respondent

Hearing

Heard and released orally: February 19, 2019

On appeal from: The judgment of Justice Jane Ferguson of the Superior Court of Justice dated May 8, 2018, with reasons reported at 2018 ONSC 2883.

Reasons for Decision

[1] The motion judge gave thorough reasons explaining why the default payment of $60,000 in the settlement agreement was reasonable and not unconscionable in the circumstances. We see no error in her analysis or the conclusion that she reached. The appeal is dismissed.

[2] The appellant shall pay the respondent costs of the appeal in the amount of $12,000, inclusive of disbursements and all applicable taxes, in accordance with the terms of the settlement agreement.

"K. Feldman J.A." "David Brown J.A." "B.W. Miller J.A."