COURT FILE NO.: 208/05
DATE: 20060912
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
brockenshire, E. macdonald and cameron jj.
B E T W E E N:
THOMAS Y. RICKETTS Plaintiff (Respondent)
- and -
PHIL TSIKITIKOS and MARIA TSIKITIKOS Defendants (Appellants)
Michael G. Simaan, for the Plaintiff (Respondent)
Constantine Grimanis, for the Defendants (Appellants)
HEARD: September 12, 2006
e. macdonald J.: (Orally)
[1] It is not necessary for us to hear from Mr. Simaan. The clause, amended on October 22nd, 2003 required the purchaser to give notice by October 30th, or the deal was dead. The clause was for the sole benefit of the purchaser. The purchaser decided a general contractor would suffice. The purchaser gave no notice by October 30th. Accordingly, the deal was dead and he (the purchaser) was entitled to return of the deposit. Because it was not returned promptly, the purchaser was also entitled to interest as found by Somers J. in his oral reasons for judgment.
[2] The oral reasons of Somers J. do not display palpable and overriding error. We agree that there must be a high degree of deference to Somers J. on his findings of fact, which are explicitly set out in his oral reasons contained at pages 8-20, at tab 3 of the Appeal Book and Compendium of the Appellants.
[3] We received the affidavit of Litsa Skrivanos, who was at all material times a secretary for Ms. Grimanis. We propose to include the affidavit with the record on this appeal but we do not accept it as new evidence on this appeal.
[4] Costs before Somers J. were in his discretion. We do not find them to be unreasonale.
BROCKENSHIRE J.
[5] Costs of the respondent are to be fixed at $4,000.00.
E. MACDONALD J.
BROCKENSHIRE J.
CAMERON J.
Date of Reasons for Judgment: September 12, 2006
Date of Release: September 15, 2006
COURT FILE NO.: 208/05
DATE: 20060912
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
brockenshire, E. macdonald and cameron jj.
B E T W E E N:
THOMAS Y. RICKETTS Plaintiff (Respondent)
- and -
PHIL TSIKITIKOS and MARIA TSIKITIKOS Defendants (Appellants)
ORAL REASONS FOR JUDGMENT
E. MACDONALD J.
Date of Reasons for Judgment: September 12, 2006
Date of Release: September 15, 2006