Benotto J. (ad hoc)

The appellant appealed an order dismissing its claim as time-barred.

The Court of Appeal agreed with the motion judge that the loan in question was tantamount to a loan payable on demand, and therefore the claim was time-barred.

The appeal was dismissed with costs awarded to the respondents.

The appellant appealed an order striking his claim against a court-appointed trustee.

The Court of Appeal dismissed the appeal, finding that the allegations related to the trustee's conduct in its appointed capacity and the appellant had failed to seek leave to sue as required by section 215 of the Bankruptcy and Insolvency Act.