DATE: 20050706

DOCKET: C40978

COURT OF APPEAL FOR ONTARIO

RE:

ABBAS JAHANGIRI (Plaintiff (Respondent)) – and – RANDOLPH SCHOOL OF THE ARTS AND GEORGE RANDOLPH (Defendants (Appellant))

BEFORE:

LABROSSE, SHARPE AND LANG JJ.A.

COUNSEL:

Benjamin Salsberg

for the appellant

Christopher Reed

for the respondent

HEARD & ENDORSED:

June 30, 3005

On appeal from the judgment of Justice K. E. Swinton of the Superior Court of Justice, sitting without a jury, dated October 20, 2003.

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

[1] The appellant alleged and bore the onus of establishing a criminal rate of interest. He failed to meet that onus. On the basis of the evidence at trial, the trial judge was entitled to her conclusion that more than $78,000 was advanced and hence the assertion of an illegal rate of interest was not proven.

[2] Further, the trial judge awarded substantial indemnity costs in accordance with the loan agreements. We see no basis to interfere with that award or with the quantum of costs fixed.

[3] Accordingly, the appeal is dismissed. Costs to the respondents fixed in the amount of $10,000 inclusive of Goods and Services Tax, and disbursements.