



COURT OF APPEAL FOR ONTARIO

CITATION: 457351 Ontario Inc. v. Golfnorth Properties Inc.,
    2014 ONCA 382 DATE: 20140512

DOCKET: C57642

Laskin, Rouleau and Lauwers JJ.A.

BETWEEN

457351 Ontario Inc
.
    and Diana Vacca

Applicants (
Appellant
)

and

Golfnorth Properties Inc.

Respondent (Respondent)

Robyrt H. Regan, for the appellant

S.J. Adler, for the respondent

Heard: May 1, 2014

On appeal from the order of Justice Gordon D. Lemon of
    the Superior Court of Justice, dated August 29, 2013.

APPEAL BOOK ENDORSEMENT

[1]

We agree with the appellant that the clause in question in Schedule A of
    the Agreement of Purchase and Sale is not ambiguous.  However, we also agree
    with the application judges interpretation of the clause, given the words the parties
    used, especially the handwritten for greater certainty sentence, and the
    commercial reality on this transaction.

[2]

Accordingly, the appeal is dismissed with costs to the respondent of
    $10,000 all in.


