DATE: 20030908
DOCKET: C40241
COURT OF APPEAL FOR ONTARIO
IN THE MATTER OF THE BANKRUPTCY OF SALLY CREEK ENVIRONS CORPORATION OF THE CITY OF BRANTFORD, IN THE COUNTY OF BRANT, IN THE PROVINCE OF ONTARIO
BEFORE:
LABROSSE, ABELLA and CRONK JJ.A.
COUNSEL:
David Rubin for the appellants A. Robert Murphy, A. Robert Murphy Architect Incorporated and Gray Wave Resources Inc.
Murray B. Page, Q.C. and Jane Martin for the trustee in bankruptcy Beallor & Partners Inc.
No one appearing for the purchaser, Sierra Corporation
HEARD & ENDORSED:
September 5, 2003
On appeal from the order of Justice Romain Pitt of the Superior Court of Justice dated June 20, 2003.
APPEAL BOOK ENDORSEMENT
1The application by the trustee was a de novo application brought under the Act for the approval of the sale. It was accordingly open to the motion judge to assess the strength of the respective tenders.
2We see no error in his decision to favour the successful tender. The appeal is dismissed.
3Parties to make their submissions on costs, in writing, within seven days.
Signed: "J.-M. Labrosse J.A."