Court of Appeal for Ontario
BEFORE: Goudge, Sharpe and Blair JJ.A.
BETWEEN
625882 Ontario Limited and Batya Wagner
Plaintiffs (Respondents)
and
Ilan Hacohen and Ronit Hacohen
Defendants (Appellants)
COUNSEL:
Arnold Zweig, for the appellants
Paul Neil Feldman, for the respondents
HEARD: March 16, 2012
On appeal from the judgment of Justice Low of the Superior Court of Justice, dated September 13, 2011.
APPEAL BOOK ENDORSEMENT
1Before us the appellant argued only one point, namely the fresh evidence. In our view the fresh evidence would not have changed the result. The amount contained in the fresh evidence is completely consistent with the internal allocation of payments by the respondent found by the motion judge and does not affect her finding that interest was being paid on all three loans thereby defeating the limitations defence. The appeal is dismissed.
2Costs to the respondent fixed at $7500 inclusive of disbursements and applicable taxes.