DATE: 20020128 DOCKET: C36091
COURT OF APPEAL FOR ONTARIO
RE:
JOHN C. BAHK and LILLY Y. BAHK (Creditors/Appellants) –and–CASH CONVERTERS CANADA INC. (Debtor/Respondent)
BEFORE:
MORDEN, CATZMAN and ROSENBERG JJ.A.
COUNSEL:
John C. Bahk, the appellant in person
Harry Fogul, for the respondent
HEARD:
January 17, 2002
RELEASED ORALLY:
January 17, 2002
On appeal from the judgment of Justice Donald R. Cameron dated March 26, 2001.
E N D O R S E M E N T
[1] In paragraph 16 of the appellants’ factum, they seek an order setting aside the order of Cameron J. approving the debtor’s proposal and substituting an order that the debtor pay to the appellants the sum of $244,049.10. We trust that it is clear to Mr. and Mrs. Bahk that we are not unsympathetic to their position. But our function on this appeal is limited to considering whether there was any legal error in the order approving the debtor’s proposal. In our view, there was no such legal error. As Cameron J. noted in his endorsement, it is open to the appellants, if they choose, to press their claims against the individuals who, in their view, have caused their substantial loss. If they disagree with the amount of their claim as it appears in the statement of affairs, they may follow the procedure in the Bankruptcy and Insolvency Act to call that amount into question. There is no legal basis on which we can grant the relief sought by them in this appeal.
[2] Accordingly, the appeal is dismissed. The respondent is not seeking costs, and we make no order for the payment of costs.
Signed: “J.W. Morden J.A.”
“M.A. Catzman J.A.”
“M. Rosenberg J.A.”