



COURT OF APPEAL FOR ONTARIO

CITATION: 8466718 Canada Inc. v. 1779042 Ontario Ltd., 2019
    ONCA 278

DATE: 20190408

DOCKET: C65234

Simmons, Juriansz and Miller JJ.A.

BETWEEN

8466718 Canada Inc.

Plaintiff (Respondent)

and

1779042 Ontario Ltd.,
1447735 Ontario Inc.
and

John Ackerman

Defendants (
Appellant
)

Joseph W.L. Griffiths, for the appellant 1447735 Ontario
    Inc.

Jean-François Laberge, for the respondent

Heard and released orally: April 3, 2019

On appeal from the
    judgment of Justice Paul Kane of the Superior Court of Justice, dated March 7,
    2018.

REASONS FOR DECISION

[1]

We reject the appellants submissions that the trial judge made
    extricable legal errors in his interpretation of the contracts entered into by
    the parties. Nor do we find the trial judges interpretation of the contracts
    commercially unreasonable having regard to the relationship between the vendor
    of the business and the landlord of the property on which the business was
    located.

[2]

The trial judge gave lengthy reasons in which he made findings of fact
    and findings of credibility that supported his conclusion that there were a
    number of defects in the building on the date of closing that were known to the
    appellant.

[3]

In our view, the appellants submissions that the trial judge made
    palpable and overriding errors and failed to provide adequate reasons are no
    more than an effort to have us retry this case.

[4]

We see no basis on which to interfere with the trial judges order for
    rescission of the asset purchase agreement based on his alternative findings of
    fraudulent and negligent misrepresentation that were supported by the record
    and evidence.

[5]

The appeal is therefore dismissed.

[6]

Costs of the appeal are to the respondent on a partial indemnity scale
    in the agreed upon amount of $20,000 inclusive of taxes and disbursements.

Janet Simmons J.A.

R.G. Juriansz J.A.

B.W. Miller J.A.


