DATE: 20030908
DOCKET: C40241

COURT OF APPEAL FOR ONTARIO

IN THE MATTER OF THE BANKRUPTCY OF SALLY CREEK ENVIRONS CORPORATION OF THE CITY OF BRANTFORD, IN THE COUNTY OF BRANT, IN THE PROVINCE OF ONTARIO

BEFORE:

LABROSSE, ABELLA and CRONK JJ.A.

COUNSEL:

David Rubin for the appellants A. Robert Murphy, A. Robert Murphy Architect Incorporated and Gray Wave Resources Inc.

Murray B. Page, Q.C. and Jane Martin for the trustee in bankruptcy Beallor & Partners Inc.

No one appearing for the purchaser, Sierra Corporation

HEARD & ENDORSED:

September 5, 2003

On appeal from the order of Justice Romain Pitt of the Superior Court of Justice dated June 20, 2003.

APPEAL BOOK ENDORSEMENT

[1] The application by the trustee was a de novo application brought under the Act for the approval of the sale. It was accordingly open to the motion judge to assess the strength of the respective tenders.

[2] We see no error in his decision to favour the successful tender. The appeal is dismissed.

[3] Parties to make their submissions on costs, in writing, within seven days.

Signed: "J.-M. Labrosse J.A."