Ari Kulidjian

The appellant appealed a decision of the motion judge in a bankruptcy and insolvency proceeding.

The Court of Appeal dismissed the appeal, declining to consider arguments that were not placed before the motion judge.

Costs were awarded to the respondents.

The appellants appealed a trial judgment, arguing the trial judge reversed the onus of proof and misapprehended evidence regarding a contract dispute.

The Court of Appeal dismissed the appeal, finding that because time was not of the essence, the appellants bore the onus to prove the respondent caused the delay and resulting damages.

The court also found no palpable and overriding error in the trial judge's factual findings, noting the appellants continued to pay the respondent without complaint until well after completion.