Court of Appeal for Ontario

Arrowhead Expediters Inc. (Re)

Date: 2003-02-07

Docket: CA C37786

Counsel: Grant English, for Appellant Tony Van Klink, for Respondent

Per curiam:

[1] This was the trial of the petition. It was not an interlocutory application by the debtor prior to trial. At trial the Court's task is to determine whether the evidence establishes the acts of bankruptcy. See Baker-Martin Ltd., Re, 27 C.B.R. (N.S.) 293 (Ont. H.C.). Here there was ample evidence to sustain the findings of the trial judge on the

[2] As to the appellant's second argument in our view there was nothing improper in the interventions made by the trial judge. They were appropriate to assist the proper conduct of the proceedings.

[3] The appeal is dismissed with costs fixed in the amount of $11,000.00.

Appeal dismissed.