COURT OF APPEAL FOR ONTARIO
RE:
SOL NEGER (Applicant/Respondent in Appeal) –and– ARIEH EREZ, GUY EREZ, ZAFRIR ROMI, BRILLIAN-C DIAMONDS INC. and 1156086 ONTARIO LIMITED (Respondents/Appellant)
BEFORE:
CATZMAN, MOLDAVER and GOUDGE JJ.A.
COUNSEL:
Ronald Carr
for the appellant Arieh Erez
Fred A. Platt
for the respondent
HEARD AND ENDORSED:
May 12, 2004
On appeal from the judgment of Justice John D. Ground of the Superior Court of Justice dated June 26, 2002.
A P P E A L B O O K E N D O R S E M E N T
1The trial judge made findings of fact that the parties agreed that the appellant would buy and the respondent would sell the latter’s interest in Prince Diamonds; that all of the material terms were concluded; and that he could fairly imply a term that the transaction would be structured by the accountant, Rutman, in a manner that would be as tax neutral as possible. There was evidence before him on which he could fairly make those findings and draw that inference.
2Accordingly, the appeal is dismissed with costs fixed in the amount of $10,000.00, inclusive of disbursements and G.S.T.