Court of Appeal for Ontario
Goudge, MacPherson and Blair JJ.A.
BETWEEN:
Denis Bester
Plaintiff (Respondent)
and
Satt Balroop, Shakeel Balroop, sham Balroop, 1632664 Ontario Inc., and 1309395 Ontario Ltd.
Defendants (Appellants)
David Milosevic, for the appellants
Orie Niedzviecki and Evelyn Perez, for the respondent
Heard: November 9, 2009
On appeal from the judgment of Justice Belobaba of the Superior Court of Justice, dated January 22, 2009.
APPEAL BOOK ENDORSEMENT
1There was an ample basis before the motion judge to permit him to proceed on the foundation that the appellants were properly served. Nor did the appellants ask for an adjournment. The motion for fresh evidence and the appeal are both dismissed. Costs of the motion before the A.C.J.O, the motion for fresh evidence, and the appeal to the respondents in the amount of $20,000 all inclusive. The sum paid in as security for costs of the appeal to be paid out to the respondents against the costs ordered today.
