Court of Appeal for Ontario

CITATION: Hawaldar v. Solomon, 2012 ONCA 555

DATE: 20120824

DOCKET: C53154

BEFORE: Goudge, Gillese and Armstrong JJ.A.

BETWEEN

Halima Hawaldar

Plaintiff (Respondent)

and

Roy Solomon, also known as Roy Soloman, and Atlantic Financial Inc.

Defendants (Appellants)

COUNSEL:

Ronald G. Chapman, for the appellants

Harvey J. Ash, for the respondent

HEARD: August 23, 2012

On appeal from the judgment of Justice Peter Lauwers of the Superior Court of Justice, dated December 30, 2010.

APPEAL BOOK ENDORSEMENT

[1] At the opening of the appeal, the appellant abandoned his argument concerning the condominium.

[2] In our view, there was ample evidence to support the trial judge’s findings that the investment of the respondent’s money was to be safe and that where it was invested was unsafe. Nor do we see this to be a corporate veil case. The trial judge held the personal appellant liable on the basis of the direct relationship he found to exist between that appellant and the respondent. There was a firm evidentiary foundation for the finding and we would not interfere with it.

[3] Appeal dismissed. Costs to the respondent fixed at $9,700 in total.