COURT FILE NO.: 267/07
DATE: 20081118
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
CYCLE SOLUTIONS INC.
Plaintiff
- and -
THE THOMAS RICHARDS GROUP INC. and THOMAS RICHARDS a.k.a. FLT RICHARDS
Defendants
Christopher P. Goldson, for the Plaintiff
Gregory E. McConnell, for the Defendants
HEARD at Toronto: November 18, 2008
ORAL REASONS FOR JUDGMENT
BELLAMY J.: (Orally)
[1] The standard of review in this case is one of correctness. Mr. Goldson has made very creative, resourceful and able submissions on behalf of his client.
[2] In my view though, the motions judge committed no legal error in his interpretation of the offer to settle. There was indeed a discrepancy in the two paragraphs. He described this as a “slight ambiguity.”
[3] In another context that might have been a legal error, but it was not a legal error in the context of this offer to settle which needs to be read as a whole, reasonably, in light of the context of litigation and in the context of the Rules of the Small Claims Court.
[4] It is very clear to me, as it was to the motions judge that the plaintiff inserted the paragraph so as to take advantage of Rule 14 and attract a favourable cost award in the event that the plaintiff was successful at trial. That is not ambiguous. The offer remained open until one minute after the commencement of trial.
[5] For these reasons the appeal is dismissed. The acceptance of this offer binds Cycle Solutions Inc. Although invited to do so by the respondents, I make no findings with respect to whether it also binds Recycle Cycle Inc., as I do not believe I have sufficient information before me to come to that conclusion.
COSTS
[6] I have endorsed the Appeal Book as follows: “Appeal dismissed for oral reasons given. Costs payable to the appellants in the amount of $2,500.00 (this includes GST and disbursements), payable forthwith.”
[7] On the record, just so there is no ambiguity, the respondents are required to pay to the appellants $9,000.00, forthwith.
BELLAMY J.
Date of Reasons for Judgment: November 18, 2008
Date of Release: November 21, 2008
COURT FILE NO.: 267/07
DATE: 20081118
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
CYCLE SOLUTIONS INC.
Plaintiff
- and -
THE THOMAS RICHARDS GROUP INC. and THOMAS RICHARDS a.k.a. FLT RICHARDS
Defendants
ORAL REASONS FOR JUDGMENT
BELLAMY J.
Date of Reasons for Judgment: November 18, 2008
Date of Release: November 21, 2008