DATE: 20061213
COURT OF APPEAL FOR ONTARIO
RE:
2016411 ONTARIO LTD., 1026864 ONTARIO LIMITED AND PUSLINCH INV. INC. (Applicants/Respondents) – and – GOLD FINANCIAL CORP., CHRISTIAN PIERSANTI, PIERSANTI & COMPANY, BROWN, SOSNOVITCH, LLP (Respondents/Appellant)
BEFORE:
LASKIN, BORINS and FELDMAN JJ.A.
COUNSEL:
Margaret L. Waddell
for the appellant
Messod Boussidan and James Diamond
for the respondents
HEARD & ENDORSED:
December 11, 2006
On appeal from the orders of Justice James M. Spence of the Superior Court of Justice, dated January 11, 2006 and March 22, 2006.
A P P E A L B O O K E N D O R S E M E N T
1Gold Financial Corp. appeals two orders of Spence J. and asks that we order one-half of the proceeds of the sale of the Puslinch land be paid into court. We do not agree with Gold’s position.
2Spence J. concluded that neither the Notice nor the Share Pledge Agreement is entitled to any weight and that Gold’s GSA did not support any claim to an interest in the land.
3On the record before us, he was fully entitled to come to these conclusions and we decline to interfere with them.
4Both of the orders under appeal are consistent with these conclusions.
5Accordingly, the appeal is dismissed, with costs on a partial indemnity basis.