Court of Appeal for Ontario
Judges: Goudge, LaForme and Rouleau JJ.A.
In the Matter of the Proposal of Holly Park Meat Packers Inc. of the City of Barrie, in the Province of Ontario
Counsel:
Kevin D. Sherkin and Carmine Scalzi, for the appellants, Paradise Farm Caledone Inc. and Baghai Development Limited
Bobby H. Sachdeva and Greg Azeff, for the respondent, Holly Park Meat Packers Inc.
Colby Linthwaite, for the respondent, Soreq Inc.
Steven L. Graff, for the respondent, Zeifman Partners Inc.
Heard: November 28, 2011
On appeal from the order of Justice Ruth E. Mesbur of the Superior Court of Justice, dated November 1, 2011.
APPEAL BOOK ENDORSEMENT
1We see no error in the order made by the motion judge granting the appellant an adjournment on terms of a limited draw against DIP financing. It was the appellant that sought the indulgence and the terms imposed were an entirely reasonable exercise of the motion judge’s discretion. Indeed, the DIP financing has since been approved by the court on November 16, 2011.
2The appeal is dismissed. Costs, including costs of the motion before Doherty J.A., to the respondent, Holly Park Meat Packers Inc., fixed at $20,000, inclusive of disbursements and all applicable taxes.