Court of Appeal for Ontario

Date: November 12, 2019 Docket: C66608

Judges: Pepall, Tulloch and Benotto JJ.A.

Between

Mini Riar and Nadeem Ahmed Plaintiffs (Appellants)

and

Dali Homes Inc., Sohail Ali Hamid Chaudry and Duriya Patel Defendants (Respondents)

Counsel

Eric K. Gillespie and Monica Poremba, for the appellants

Damon Stoddard, for the respondents

Heard and Released

Heard and released orally: November 12, 2019

On appeal from the judgment of Justice Antonio Skarica of the Superior Court of Justice, dated January 28, 2019, with reasons reported at 2019 ONSC 616.

Reasons for Decision

[1] The appellant homeowners appeal from the January 28, 2019 order dismissing their motion for a declaration that the respondents were in breach of Minutes of Settlement and granting the respondents declaratory relief enforcing the Minutes of Settlement.

[2] The appellants and respondents signed Minutes of Settlement in October 2015. The motion judge determined that the respondents had complied with the Minutes of Settlement. The appellants advance numerous grounds of appeal, none of which we would give effect to.

[3] The motion judge's decision did not depend—as the appellants submit—on a finding that the $100,000 had been released to the appellants. He concluded that the respondents had complied with the Minutes of Settlement because the work had been done. He examined the Minutes of Settlement, the executed full and final releases, and the appellants' sign-off on the HVAC work. Amongst other things, he noted that the respondents were never given a roofing warranty. According to the appellants' own expert, the shower tiles needed replacing, and the respondents had perfected their plumbing obligations. It was also open to the motion judge to find that Nadeem Ahmed had never sworn an affidavit saying he had made a mistake in signing his satisfaction letter of May 18, 2016. The permits, which were the respondents' responsibility, were all closed as required by the Minutes of Settlement, and any delays were inconsequential breaches.

[4] The motion judge read the Minutes of Settlement as a whole and gave effect to their terms. He made no palpable and overriding errors and his conclusion that the respondents did not breach the Minutes of Settlement is entitled to deference. See Sattva Capital Corp. v. Creston Moly Corp., [2014] 2 S.C.R. 633, 2014 SCC 53.

[5] For these reasons, the appeal is dismissed with costs to be paid by the appellants fixed in the amount of $10,000 on a partial indemnity scale, inclusive of disbursements and applicable tax.

"S.E. Pepall J.A."

"M. Tulloch J.A."

"M.L. Benotto J.A."