Perry v. D'Souza

Perry v. D'Souza

The appeal is dismissed because the motion judge made no error of law in interpreting the documents and no material misapprehension of the evidence; the motion judge's factual findings were reasonable.

Citation
2018 ONCA 491
Parties
Plaintiff/respondent: Robert Allan Perry; Defendant/appellant: Neil D'Souza; Defendant/appellant: Mass Fidelity Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
30 May 2018
Procedural Posture
Civil / Court of Appeal Appeal From Summary Judgment Motion
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Contractual Interpretation, Costs
Source Language
English
Civil Procedure Contract Law Appeal Summary Judgment Contractual Interpretation Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Allan Perry

Plaintiff/respondent

Neil D'Souza

Defendant/appellant

Mass Fidelity Inc.

Defendant/appellant

Procedural Posture

Civil / Court of Appeal Appeal From Summary Judgment Motion

Legal Issues

  1. 1 Whether the motion judge erred in interpreting the documents
  2. 2 Whether the motion judge committed an error of law in contractual interpretation
  3. 3 Whether the motion judge's factual findings were unreasonable

Ratio Decidendi

The appeal is dismissed because the motion judge made no error of law in interpreting the documents and no material misapprehension of the evidence; the motion judge's factual findings were reasonable.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to the respondent in the amount of $10,000 inclusive of disbursements and relevant taxes