COURT OF APPEAL FOR ONTARIO
Blair, MacFarland and Rouleau JJ.A.
BETWEEN
Reza Ghazvini
Plaintiff (Respondent)
and
Hamid Pouramin
Defendant (Appellant)
Counsel:
Andrew Pelletier, for the appellant
Doug LaFramboise, for the respondent
Heard: February 14, 2013
On appeal from the judgment of Justice G.M. Mulligan of the Superior Court of Justice, dated November 24, 2011.
APPEAL BOOK ENDORSEMENT
1The appellant raises three grounds of appeal, asserting tht the trial judge erred:
Procedurally, in permitting the plaintiff to introduce the original of the Third Promissory Note when the original had not been produced prior to trial;
in finding that Mr. Pouramin had signed the Third promissory Note: and
in finding that the monies had been advanced to Mr. Pouramin personally and not to the corporation created by both parties.
2As to 2) and 3) above, there was ample evidence to support the trial judge’s findings with respect to both issues and our attention was not drawn to any palpable and overriding error that would justify our interfering with them.
3As to the procedural ground, we would not give effect to it either. A photocopy of the Third Promissory Note was produced and, although Mr. Pouramin served a notice to produce the original he made no issue of the failure to produce it until trial. He did not plead that the Note was forged, only raising the issue of fabrication at trial. At no time did Mr. Pouramin ever take the position that he needed production of the original Note in order to have it examined for purposes of a forgery opinion.
4Finally, although his counsel contested the implications of the original at trial, he did not object to its admission or to it being marked as an exhibit. The trial judge concluded that the issues surrounding the production of the original at trial could best be dealt with in argument and, given the way the case had evolved, we see no error in that disposition.
5The appeal is therefore dismissed.
6Costs to the respondent on a partial indemnity basis fixed in the amount of $10,000 inclusive of disbursements and HST.