COURT OF APPEAL FOR ONTARIO
RE:
ABBAS JAHANGIRI (Plaintiff (Respondent)) – and – RANDOLPH SCHOOL OF THE ARTS AND GEORGE RANDOLPH (Defendants (Appellant))
BEFORE:
LABROSSE, SHARPE AND LANG JJ.A.
COUNSEL:
Benjamin Salsberg
for the appellant
Christopher Reed
for the respondent
HEARD & ENDORSED:
June 30, 3005
On appeal from the judgment of Justice K. E. Swinton of the Superior Court of Justice, sitting without a jury, dated October 20, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The appellant alleged and bore the onus of establishing a criminal rate of interest. He failed to meet that onus. On the basis of the evidence at trial, the trial judge was entitled to her conclusion that more than $78,000 was advanced and hence the assertion of an illegal rate of interest was not proven.
2Further, the trial judge awarded substantial indemnity costs in accordance with the loan agreements. We see no basis to interfere with that award or with the quantum of costs fixed.
3Accordingly, the appeal is dismissed. Costs to the respondents fixed in the amount of $10,000 inclusive of Goods and Services Tax, and disbursements.