The judgment of the Court was delivered orally by
THE CHIEF JUSTICE—Counsel for the respondent in this appeal stated candidly that if the trial judge did not make inconsistent findings in his reasons set out on p. 341 of the record, then the respondent has no case. We are all of the opinion that there was no inconsistency in what the trial judge found and, accordingly, the appeal must be allowed, the judgment of the Ontario Court of Appeal set aside and the judgment at trial restored. There will be no order as to costs.
Appeal allowed, judgment at trial restored, no order as to costs.
Solicitors for the appellant: Cassels, Brock, Toronto.
Solicitor for the respondent: Alan F.N. Poole, Toronto.