DATE: 20050118

DOCKET: C36730

COURT OF APPEAL FOR ONTARIO

RE:

GURMEET SINGH GREWAL, KULDIP SINGH GREWAL, JASBIR SINGH SARNI, NARINDER SINGH SEKHON, JASBIR SINGH, MANOHAR SINGH, MUKHWINDER SINGH and TAJINDER PAL SINGH KALOE (Plaintiffs/Appellants) – and – KEHAR SINGH GILL, DAVINDER SINGH CHHOKAR, SARWAN SINGH GILL, RANJIT SINGH, BALDEV SINGH BRAR and SRI GURU NANAK SIKH CENTRE (Defendants/Respondents)

BEFORE:

MACPHERSON, CRONK and LANG JJ.A.

COUNSEL:

Morris A. Singer

for the appellant

David Merner

for the respondent

HEARD & ENDORSED:

January 17, 2005

On appeal from the judgment of Justice Lorna-Lee Snowie of the Superior Court of Justice dated June 28, 2001.

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

[1] The trial judge’s careful findings of fact, after a lengthy trial, are dispositive of the appeal. She heard testimony from several witness for both parties and found that the respondent’s testimony was credible. Accordingly, her conclusion that the respondents had never effectively resigned their positions as directors is sustainable.

[2] The fresh evidence alleging that the respondents, and their solicitors, fraudulently created and backdated the corporation’s by‑laws is troubling. In our view, the motion for fresh evidence was not brought on a timely basis. More importantly, we do not find it even remotely credible – the affidavits of the two solicitors and, especially, the very effective cross‑examination of the appellant’s three affiants completely undercut the allegations made by the appellants.

[3] The appeal is dismissed with costs of the appeal and the motion for fresh evidence fixed at $5000.