COURT FILE NO.: 400/02
DATE: 20040216
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
macfarland, forestell and wilson jj.
B E T W E E N:
EQUIREX LEASING CORP.
Plaintiff (Respondent)
- and -
BAKERITE INTERNATIONAL, MAURICE CORSI, TORONTO FOOD EQUIPMENT LTD. and MARK BOWMAN
Defendants (Appellant)
Darryl Singer, for the Respondent
Antonio Conte, for the Appellant
HEARD: February 16, 2004
MACFARLAND J.: (Orally)
[1] In our view the findings of the trial Judge are amply and adequately supported in the evidence. Corsi represented to the plaintiff in the document bearing his signature that a deposit of $123,000 had been paid in respect of this equipment. He knew that statement to be false, nevertheless he signed the document. In our view, this evidence alone supports the finding of fraud.
[2] The evidence in respect of the value of the equipment was not the best and was conflicting. The trial Judge in our view did the best with what she had and came to a fair conclusion on the evidence before her. We are not persuaded there is any palpable and/or overriding error in her calculation.
[3] As to the interest calculation, it appears that the trial Judge calculated interest from the date of default. It is conceded by the plaintiff/respondent that the $135,980 figure included interest from the date of default to the expiry of the term which is September 15, 2001. Interest ought only to have been calculated from that date to the date of judgment, some 264 days which counsel agree is $2,899.10, which figure should be substituted for the figure of $16,209.58 which appears in her reasons and which reduces the judgment amount to $18,533.43.
[4] An order will issue varying the judgment accordingly. In all other respects, the appeal and cross-appeal are dismissed.
[5] The endorsement will read as follows: “The appeal is allowed in part in accordance with the reasons. In all other respects, the appeal and cross-appeal are dismissed. Costs to the appellant fixed in the sum of $2,700 plus appropriate GST.”
MACFARLAND J.
FORESTELL J.
WILSON J.
Date of Reasons for Judgment: February 16, 2004
Date of Release: February 19, 2004
COURT FILE NO.: 400/02
DATE: 20040216
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
macfarland, forestell and
wilson jj.
B E T W E E N:
EQUIREX LEASING CORP.
Plaintiff (Respondent)
- and -
BAKERITE INTERNATIONAL, MAURICE CORSI, TORONTO FOOD EQUIPMENT LTD. and MARK BOWMAN
Defendants (Appellant)
ORAL REASONS FOR JUDGMENT
MACFARLAND J.
Date of Reasons for Judgment: February 16, 2004
Date of Release: February 19, 2004