Court of Appeal for Ontario
O’Connor A.C.J.O., Doherty and Rosenberg JJ.A.
BETWEEN:
John Park
Plaintiff (Appellant)
and
Ina Bhandari, Adam D. Cappelli, Estate Trustee of the Estate of Terry Garman, Deceased and Desjardins Financial Security Life Assurance Company
Defendant (Respondent)
Alfred Schorr, for the appellant
Frank J. Tkach, for the respondent
Heard: December 18, 2008
On appeal from the order of Justice C.A. Tucker of the Superior Court of Justice, dated June 6, 2007.
APPEAL BOOK ENDORSEMENT
1This trial turned on the trial judge’s findings of fact. The trial judge considered all of the relevant evidence and concluded that the respondent did not convey the RRSP with any of the intents required by s. 2 of the Fraudulent Conveyances Act.
2We see no error in the way the trial judge apprehended the evidence and arrived at her ultimate conclusion. Accordingly, the appeal is dismissed.
3Costs to the respondent are fixed in the amount of $6,000, inclusive of disbursements and GST.
