COURT OF APPEAL FOR ONTARIO
RE:
AMERICAN GREETINGS CORPORATION, PLUS MARK INC., and LEARNING HORIZONS INC. (Respondents) –and- HAROLD HINN (Appellant)
BEFORE:
LABROSSE, BLAIR AND ROULEAU JJ.A.
COUNSEL:
Davide V. Cortinouis
for the appellant
Michael McGraw
for the respondent
HEARD & ENDORSED:
February 23, 2006
On appeal from the judgment of Justice P. Theodore Matlow of the Superior Court of Justice, dated September 29, 2005 made at Toronto, Ontario.
A P P E A L B O O K E N D O R S E M E N T
1We fail to see what cross-examination would have accomplished in this case, by the last minute request of the appellant.
2The Forbearance Agreement was breached when the appellant failed to provide access to the documents.
3We see no basis why the respondent could not enforce its rights under the Guarantee.
4The debt is still owing.
5The appeal is dismissed. Costs fixed at $5,000.00.