Duff (Duff Capital Group) v. Genesys Laboratories Canada Inc.

Duff (Duff Capital Group) v. Genesys Laboratories Canada Inc.

The appeal is dismissed because the appellant failed to demonstrate an extricable error of law or a palpable and overriding error in the trial judge's interpretation; the trial judge's finding that the parties agreed to a new termination date and tail period and that clause 10 was satisfied was supported by the...

Source-derived case information.

Citation
2017 ONCA 429
Parties
Plaintiff (respondent): R. Sheldon Duff (a sole proprietor operating as Duff Capital Group); Defendant (appellant): Genesys Laboratories Canada Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
26 May 2017
Procedural Posture
Civil / Appeal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Contract Interpretation, Standard of Appellate Review, Burden of Proof, Costs
Source Language
english
Contract Law Civil Procedure Appeals Contract Interpretation Standard of Appellate Review Burden of Proof Costs

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Parties

R. Sheldon Duff (a sole proprietor operating as Duff Capital Group)

Plaintiff (respondent)

Genesys Laboratories Canada Inc.

Defendant (appellant)

Procedural Posture

Civil / Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge made an extricable error of law or a palpable and overriding error in interpreting the contract
  2. 2 Whether parties agreed to a new termination date and tail period satisfying clause 10
  3. 3 Whether the appellant met the burden to overturn the trial judge's factual findings

Ratio Decidendi

The appeal is dismissed because the appellant failed to demonstrate an extricable error of law or a palpable and overriding error in the trial judge's interpretation; the trial judge's finding that the parties agreed to a new termination date and tail period and that clause 10 was satisfied was supported by the record and entitled to deference.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant shall pay costs of $500 to the respondent as a fee plus $12,500 for disbursements and HST