I am of opinion that the appeal should be allowed with costs of this appeal and of the appeal below, and that judgment should be entered for the plaintiff for the amount t .claimed, with costs.
Solicitors for the appellant: Savary, Fenerty & McLaurin. Solicitors for the respondents: Bennett, Hannah & Sanford. i2
LESLIE v. CANADIAN CREDIT CORPORATION, *F.7.LIMITED
MOTION by respondent to quash the plaintiff's appeal from the judgment of the Appellate Division of the Supreme Court of Ontario (1).
The plaintiff sued to recover the sum of $3,593.16 alleged to be due him under a written contract whereby the defendants agreed to pay him a bonus on profits. At the opening of the trial before Lennox J., and before any evidence was taken, a discussion by counsel for both -parties with the judge took place, and the contract sued upon was handed to and read by the judge, who, without hearing evidence, directed a reference to the Master to take evidence, ascertain and report to the court the amount of the net profits, if any, to which the plaintiff was entitled under the contract referred to in the statement of claim, reserving further directions and the question of costs until after the report.
On appeal by the plaintiff to the Appellate Division, the said judgment of Lennox J. was varied (1), the order as varied directing a reference to the Master to take evidence, and to ascertain and report to the court the amount of the net -profits, if any, in respect of which the plaintiff was entitled to any amount under the contract referred to in