DATE: 20041126

DOCKET: C40009

COURT OF APPEAL FOR ONTARIO

IN THE MATTER OF THE PARTITION ACT, R.S.O. 1990 c.P.4, as amended

RE:

BERNARD SLIWIN and PAULBERN REALTY HOLDINGS LTD. (Plaintiffs/Respondents) – and – MICHAEL TISHBI, SANDTRON INVESTMENTS LTD. and 634210 ONTARIO LTD. (Defendants/Appellants)

BEFORE:

SHARPE, GILLESE and ARMSTRONG JJ.A.

COUNSEL:

Jeffrey C. Silver

for the appellants

Bernie Romano

for the respondents

HEARD & ENDORSED:

November 25, 2004

On appeal from the judgment of Justice Mesbur of the Superior Court of Justice dated April 8, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] In this entirely fact driven appeal, the appellant invites us to reverse several findings of the trial judge. It is apparent from the record and from the reasons of the trial judge that the evidence was contradictory and confusing. The trial judge gave cogent reasons explaining the basis upon which she made her factual findings, essentially relying upon the written agreement between the parties, financial statements that were approved by the appellant and the evidence of the accountants. Having carefully considered the points raised by the appellant, we are not persuaded that there is any basis for us to interfere with those findings.

[2] Accordingly, the appeal is dismissed.

[3] Costs to the respondent fixed at $10,000 inclusive of GST and disbursements.