Mehedi v. 2052761 Ontario Inc.
The appeal was dismissed because the trial judge's factual and credibility findings that there was no promise and no evidentiary basis for the asserted causes of action were open on the record and did not warrant appellate intervention.
Source-derived case information.
- Citation
- 2012 ONCA 46
- Parties
- Appellant: Golam Mehedi; Defendant: 2052761 Ontario Inc.; Defendant: Job Success; Defendant: M.A. Hameed; Defendant: Wendell Lacombe
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 26 January 2012
- Procedural Posture
- Civil / Appeal From Superior Court Order
- Outcome
- Appeal dismissed
- Legal Topics
- Employment Promise, Misrepresentation, Credibility Findings, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Golam Mehedi
Appellant
2052761 Ontario Inc.
Defendant
Job Success
Defendant
M.A. Hameed
Defendant
Wendell Lacombe
Defendant
Procedural Posture
Civil / Appeal From Superior Court Order
Legal Issues
- 1 Whether there was a promise to find the appellant a job within a specified time or salary range
- 2 Whether there was an evidentiary basis for the appellant's causes of action including fraud
- 3 Whether appellate intervention was warranted in respect of the trial judge's factual and credibility findings
Ratio Decidendi
The appeal was dismissed because the trial judge's factual and credibility findings that there was no promise and no evidentiary basis for the asserted causes of action were open on the record and did not warrant appellate intervention.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Respondents awarded costs of the appeal fixed at $2,000 inclusive of disbursements and all applicable taxes
Full Case Text
Judgment text and source record
1 paragraphs
Mehedi v. 2052761 Ontario Inc. Collection Decisions of the Court of Appeal Date 2012-01-26 Neutral citation 2012 ONCA 46 Docket numbers C54018 Judges Cronk, Eleanore Ann; Blair, Robert Ashley; Strathy, George R. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Mehedi v. 2052761 Ontario Inc., 2012 ONCA 46 DATE: 20120125 DOCKET: C54018 Cronk and Blair JJ.A. and Strathy J. (ad hoc) BETWEEN Golam Mehedi Appellant and 2052761 Ontario Inc., Job Success, M.A. Hameed and Wendell Lacombe Defendants Golam Mehedi, acting in person Dale Smith, agent for the defendants Heard: January 23, 2012 On appeal from the order of Justice G. Hainey of the Superior Court of Justice, dated June 23, 2011. APPEAL BOOK ENDORSEMENT [1] The trial judge held, contrary to the appellant’s contention, that “[T]here was never a promise to find [the appellant] a job within any specified time frame or at any specified salary range.” He also concluded that there was no evidentiary basis for any of the appellant’s alleged causes of action, including fraud. These factual findings – some of which were credibility based – were open to the trial judge on the record. We see no basis for appellate intervention with his decision. [2] The appeal is therefore dismissed. The respondents are entitled to costs of the appeal, fixed in the total amount of $2,000, inclusive of disbursements and all applicable taxes.