Ontario Civil


Appeal

FRESH EVIDENCE
Proposed fresh evidence did not support reasonable inference of perjury

Plaintiff was awarded $4,355 plus interest. Defendants appealed. Defendants sought to introduce fresh evidence. Motion to adduce fresh evidence was dismissed. Submission that proposed fresh evidence established perjury or fraud was rejected. Proposed fresh evidence did not support reasonable inference of perjury or fraud in light of other evidence on motion. Appeal was dismissed. There was no basis on which to interfere with finding that there was oral agreement. Appellant did not show error of law or error of legal principle. Appellant did not show palpable and overriding error in findings of fact or of mixed fact and law.

Boghossian Legal Professional Corp. v. Permacharts Inc.

(June 17, 2011, Ont. S.C.J. (Div. Ct.), Aston J., File No. DC-09-547-0000) 205 A.C.W.S. (3d) 11 (5 pp.).

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