Ontario Court (General Division)

Order

Claim No. CP-06322/97
BETWEEN:
URIEL WITTENBERG		Plaintiff
and
FRED GEISWEILLER\LOCOMOTIVE INVESTMENTS INC. COB LE SELECT		Defendant

 

On the 10 day of September, 1998., Deputy Judge STANCER gave the following order on the above mentioned action.

I AM SATISFIED THAT IN THIS INSTANCE THE AGREEMENT BETWEEN THE PARTIES WAS CLEAR AND UNEQUIVOCAL. THE PLAINTIFF INDICATED WHAT HIS HOURLY RATE WAS TO BE AND THIS WAS NOT DISPUTED. WHILE THE DEFENDANT MAY HAVE BELIEVED THAT THE PLAINTIFF WOULD BE “FLEXIBLE” IN SETTLING THE ACCOUNT, THIS WAS NOT A CONDITION OF THE AGREEMENT. SIMILARLY, THE LACK OF SUCCESS WAS NOT A PRE-CONDITION TO PAYMENT. THE PLAINTIFF IS ENTITLED TO JUDGMENT FOR THE FULL AMOUNT CLAIMED. THE DEFENDANT’S OFFER TO SETTLE IS NOT REFLECTIVE OF WORK DONE, OR SERVICES RENDERED. JUDGMENT FOR PLAINTIFF FOR CLAIM PLUS COSTS.