DATE: 20050616

DOCKET: C38531

COURT OF APPEAL FOR ONTARIO

RE:

CHARANJIT SINGH BRAR (Plaintiff (Respondent)) – and – SURJIT SINGH BRAR OPERATING AS CAN-AM DOORS, 1335796 ONTARIO INC., AND SKLF DOORS WORLD INC. (Defendants (Appellants))

BEFORE:

MOLDAVER, ARMSTRONG and JURIANSZ JJ.A.

COUNSEL:

Akhilesh Leighl

for the appellant

Mark A. Klaiman

for the respondent

HEARD:

June 15, 2005

On appeal from the judgment of Justice Francine E. Van Melle of the Superior Court of Justice dated June 12, 2002.

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

[1] In our view, there was evidence to support the finding of the trial judge that the contract was between the two individuals, C. Brar and S. Brar and we see no basis for interfering with that finding. As all other grounds of appeal were abandoned, the appeal is dismissed.

[2] In respect of the cross-appeal, counsel for S. Brar and 1335796 Ontario Inc. agreed that the cross-appeal should be allowed. SKLF Doors, although served with the notice of cross-appeal, did not respond to it. In our view, there was evidence before the trial judge to find that there was a fraudulent conveyance of the assets of the numbered company to SKLF Doors. Accordingly, the cross-appeal is allowed and order will go declaring the transfer of assets from the numbered company to SKLF Doors to be a fraudulent conveyance.

[3] Costs to C. Brar for the appeal and cross-appeal fixed at $7,500 inclusive of G.S.T. and disbursements.