Court of Appeal for Ontario

Date: May 13, 2019 Docket: C65973

Judges: Feldman, Paciocco and Fairburn JJ.A.

Between

Travelbrands Inc. Plaintiff (Respondent)

and

Bramalea Travel Centre Inc. Defendant (Appellant)

Counsel

For the Appellant: Edwin Upenieks and Angela Kwok

For the Respondent: Doug Bourassa

Heard and Released Orally: May 13, 2019

On Appeal From: The judgment of Justice Lederer of the Superior Court of Justice, dated September 11, 2018.

Appeal Book Endorsement

[1] The appellant appeals from the summary judgment granted in favour of the respondent. The appellant submits that the motion judge erred by deciding the case on summary judgment when the record was deficient.

[2] We do not agree. The motion judge's comment about the record before him related to the failure to put case law on the nature of the relationship between the parties before the court. However, he was able to analyze the legal relationship based on the evidentiary record.

[3] The appellant's position on the legal issue was that Bramalea acted only as a middle man between customers and Travelbrands Inc. as the seller of the travel products. In our view the motion judge did not err in rejecting that submission and finding that Bramalea was the purchaser of the products on behalf of its customers and that Travelbrands was the seller. On that basis Bramalea is responsible for the invoices sent to it by Travelbrands.

[4] The appeal is therefore dismissed with costs of $9,000 inclusive of disbursements and HST.