COURT OF APPEAL FOR ONTARIO
RE:
FIRST CHOICE PETROLEUM INC. (Plaintiff/Respondent) -and- 1186728 ONTARIO LTD., operating as SUNRISE PETROLEUM, LEON BELAHOV and SEAN BEN-MOSHE also known as SHAY BEN-MOSHE (Defendants/Appellants)
BEFORE:
LABROSSE, ABELLA and CRONK JJ.A.
COUNSEL:
Elliot S. Birnboim for the defendants/appellants
Andrew D. Felker for the plaintiff/respondent
HEARD & ENDORSED:
September 3, 2003
On appeal from the judgment of Justice Bruce A. Glass of the Superior Court of Justice dated September 3, 2002.
APPEAL BOOK ENDORSEMENT
1The findings of fact by the trial judge which were open to him on the evidence are fatal to the issues raised on the appeal.
2The issue of the interest was a question of contract and was properly pleaded as such.
3The appeal is dismissed with costs fixed at $5,000.