Court of Appeal for Ontario
Holmes v. Mayer
Counsel: John F.L. Rose, for the appellant and defendants to counterclaim.
(Court File No. C34461)
Endorsement
1By the Court: In our view, it was open to Eberhard, J., to make the findings that she did that the debt survived bankruptcy under s. 178 of the B.I.A. we are also satisfied that Eberhard, J., was correct in holding that Morin, J., made the necessary findings that the Garbe Mortgage was invalid, even though he did not actually make a declaration to the effect.
2The appeal is dismissed with costs fixed at $2,000.00.
Appeal dismissed.