Court of Appeal for Ontario
Feldman, Juriansz and LaForme JJ.A.
BETWEEN:
Arif Noormohamed
Plaintiff (Respondent)
and
ANP Holdings Ltd. And International Clothiers Inc.
Defendants (Appellants)
Counsel:
Jeffrey A.L. Kriwetz and A. Dhalla, for the appellants
Sandra E. Dawe, for the respondent
Heard and endorsed: November 10, 2010
On appeal from the order of Justice Laurence Pattillo of the Superior Court of Justice dated April 12, 2010.
APPEAL BOOK ENDORSEMENT
1We agree with the conclusion reached by Pattillo J. that there is no basis on this pleading that a claim for equitable set-off could succeed, when the claim is made in respect of the actions of CMT, a corporate non-party, not alleged to be wholly owned by the respondent.
2The appeal is therefore dismissed with costs fixed at $7,000, inclusive of disbursements and applicable taxes.