COURT OF APPEAL FOR ONTARIO
BEFORE: Sharpe, MacFarland and Pepall JJ.A.
BETWEEN
Muhammed Azim Bhatti
Plaintiff (Respondent)
and
Ajinder Singh
Defendant (Appellant)
COUNSEL:
Harsaap Mann, for the appellant
Omar Khan, for the respondent
HEARD: March 26, 2013
On appeal from the order of Justice L. Snowie of the Superior Court of Justice, dated August 8, 2012.
APPEAL BOOK ENDORSEMENT
1We see no error on the part of the motion judge in granting summary judgment. The agreement of January 9, 2009 and the trust agreement of March 30, 2009 clearly establish that the parties are 50% beneficial owners of the subject property. We do not accept the submission that if indeed there is money owing under the January 9, 2009 agreement, that would, as a matter of law, allow the appellant to walk away from the agreements he has signed.
2As we read the transcript, the appellant agreed to proceed before the motion judge and accordingly, we reject the submission that she erred by refusing to grant an adjournment.
3It is clear from the record that the appellant was aware he faced a request for summary judgment and any deficiency to the notice of motion carried him no prejudice.
4Accordingly, the appeal is dismissed.
5Costs to the respondent fixed at $10,000 inclusive of disbursements and applicable taxes.