DATE: 20001026

DOCKET: C33915

COURT OF APPEAL FOR ONTARIO

RE: RAVI DEVGAN (Defendant/Appellant) and

NASIM JIWANI and RAJABLI JIWANI (Plaintiffs/Respondents)

BEFORE: CATZMAN, CHARRON and MacPHERSON JJ.A.

COUNSEL: Joseph Markin,

for the appellant

Nasim Jiwani,

Respondent, in person

HEARD: October 20, 2000

On appeal from the order of Mr. Justice James M. Farley dated February 26, 2000

E N D O R S E M E N T

[1] The appellant appeals against an order that a judgment obtained by the respondent survived his bankruptcy. He argues that this order should not have been made, firstly because of the respondent’s delay in bringing her application before the bankruptcy court, and secondly, because a criminal compensation order was made involving the same debt partly on the basis that it would “obviate any necessity for further civil proceedings.”

[2] We see no merit to either submission.

[3] With respect to the suggested delay, the appellant does not and cannot take the position that the judgment debt has become statute barred and there is nothing before the court to suggest that the appellant altered his position in any way in reliance on the failure of the respondent to take steps earlier to enforce her judgment.

[4] On the second submission, it is clear that the decision of this court approving the criminal order for compensation did not in any way affect the respondent’s right to bring this proceeding in bankruptcy court. The appellant’s argument has no basis in law or in fact.

[5] Accordingly, the appeal is dismissed.

(signed) “M. A. Catzman J.A.”

(signed) “Louise Charron J.A.”

(signed) “J. C. MacPherson J.A.”