Court of Appeal for Ontario
DOHERTY, ARMSTRONG and MACFARLAND JJ.A.
BETWEEN:
RAMESH DHIR and RENU DHIR
Appellant (Defendant)
and
MOHD IMRAN FARKHANDA
Respondent (Plaintiff)
Peter C. Verbeek for the appellant
David Pomer for the respondent
Heard: June 25, 2008
On appeal from the order of Justice J. Snowie of the Superior Court of Justice dated June 30, 2006.
APPEAL BOOK ENDORSEMENT
1The “defence” the appellant now advances, i.e. that Mrs. Dhir was not a party to the loan was not pleaded in the statement of defence or advanced at trial. It is too late to advance that position now. In any event, there is some evidence from which her participation in the loan could be inferred.
2The appeal is dismissed. Costs to the respondent in the amount of $3,500, inclusive of disbursements and GST.