Court of Appeal for Ontario

Holmes v. Mayer

Date: 2001-06-22

Counsel: John F.L. Rose, for the appellant and defendants to counterclaim.

(Court File No. C34461)

Endorsement

[1] By the Court: In our view, it was open to Eberhard, J., to make the findings that she did that the debt survived bankruptcy under s. 178 of the B.I.A. we are also satisfied that Eberhard, J., was correct in holding that Morin, J., made the necessary findings that the Garbe Mortgage was invalid, even though he did not actually make a declaration to the effect.

[2] The appeal is dismissed with costs fixed at $2,000.00.

Appeal dismissed.