Disposition without trial
Appellant homeowners and respondent company and individuals reached settlement, in civil matter. Homeowners claimed that respondents breached minutes of settlement. Homeowners moved for declaratory relief to this effect, but were unsuccessful. Homeowners appealed judgment of motions court. Appeal dismissed. Motion judge properly considered evidence before court. Motion judge's judgment was not dependent on finding that money was released to homeowners. Motion judge found that necessary work had been done by respondents. Permits were closed as necessary, with any delays being inconsequential. No palpable or overriding error was present in motion judgment. Appeal was dismissed with $10,000 in costs payable to respondents by homeowners.
Riar v. Dali Homes Inc. (2019), 2019 CarswellOnt 19374, 2019 ONCA 933, S.E. Pepall J.A., M. Tulloch J.A., and M.L. Benotto J.A. (Ont. C.A.); affirmed (2019), 2019 CarswellOnt 1204, 2019 ONSC 616, Skarica J. (Ont. S.C.J.).
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