Supreme Court of Canada
LePage Ltd. v. March et al., [1979] 2 S.C.R. 155
Date: 1979-06-25
A.E. LePage Limited (Respondent) Appellant;
and
Michael March (Appellant) Respondent;
and
Mikolaj Kalmykow, Kazimierz Mnich, John Bauer, Felix Shastell, Stefan Slojewski, Josephine Slojewski, John F. Stroz, Edward S. Stroz, Eugene Kolowski, Irene Kolowski and Zenon Klemensowicz (Appellants) Respondents;
and
Kamex Developments Limited (Appellant) Respondent.
1979: June 25.
Present: Martland, Ritchie, Beetz, Estey and McIntyre JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.
Real estate—Commission—Exclusive listing signed by one party.
Partnership—Co-ownership of property—Sharing of revenues—Distinction between partnership and co-ownership.
APPEAL from a judgment of the Court of Appeal for Ontario allowing an appeal from a judgment of Van Camp J. at trial, in an action for real estate commission. Appeal dismissed.
John Roland, for the appellant.
Rodney Smith, for the respondent Michael March.
Ian G. Scott, for the other respondents.
The judgment of the Court was delivered orally by
MARTLAND J.—We have not been persuaded by the careful argument on behalf of the appellant that the conclusion reached by the Court of Appeal was wrong. Counsel for the appellant
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sought an order to amend the statement of claim to allege a claim for breach of warranty of authority. We are all of the view that, on the evidence, such a claim could not be established even if the amendment were made.
The appeal is dismissed with costs.
Appeal dismissed with costs.
Solicitors for the appellant: Osler, Hoskin & Harcourt, Toronto.
Solicitors for the respondent Michael March: Blaney, Pasternak, Smela & Watson, Toronto.
Solicitors for the other respondents: Lee, Fireman & Regan, Toronto.
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