Court of Appeal for Ontario

Date: 20210616 Docket: C68808

Fairburn A.C.J.O., Harvison Young and Jamal JJ.A.

BETWEEN

Debbie Gorman Applicant (Respondent)

and

David Sadja Respondent (Appellant)

Counsel: Geoff R. Hall and Brittany Cerqua, for the appellant Dani Frodis and Kori Levitt, for the respondent

Heard and released orally: June 7, 2021 by video conference

On appeal from the order of Justice Mario D. Faieta of the Superior Court of Justice, dated January 29, 2020.

Reasons for Decision

[1] The appellant argues that the trial judge erred in failing to incorporate a rectification analysis in his reasons. This was exacerbated by his error in finding that the appellant did not misunderstand the content of the marriage contract.

[2] We disagree. First, the appellant agrees that if the trial judge’s finding that the appellant failed to meet his onus of showing that he had misunderstood the contract is upheld, the appeal must fail. He argues however that the trial judge erred by finding that there was “no evidence” of a prior oral contract that was contrary to clause 3.3(c) that was ultimately included in the contract. The appellant further argues that this amounted to an error in principle. We do not accept this submission. Read in context, the trial judge was clearly alive to all the evidence and was stating that he did not accept the appellant’s evidence on the issue. This finding was open to him on all the evidence before him. In light of this, no remedy in rectification could be available.

[3] The appeal is therefore dismissed on an agreed amount of $25,000 plus HST.

“Fairburn A.C.J.O.”

“A. Harvison Young J.A.”

“M. Jamal J.A.”