Court File and Parties
COURT OF APPEAL FOR ONTARIO
BEFORE: Blair and LaForme JJ.A. and Benotto J. (ad hoc)
BETWEEN
1494203 Ontario Inc.
Plaintiff (Appellant)
and
Nabil Ashkar and Naifa Ashkar
Defendants (Respondents)
COUNSEL: W.A. Kelly, Q.C., for the plaintiff/appellant Marco Drudi, for the defendants/respondents
HEARD: October 12, 2011
On appeal from the order of Justice Sandra Chapnik of the Superior Court of Justice dated October 21, 2010.
APPEAL BOOK ENDORSEMENT
1We agree with the motion judge that the loan in this case is tantamount to a loan payable on demand. She was therefore correct in concluding that the plaintiff’s claim was time barred. The appeal is therefore dismissed.
2Costs to the respondents fixed in the amount of $3500 all inclusive.