DATE: 20050310

DOCKET: C41234

COURT OF APPEAL FOR ONTARIO

RE:

In the Matter of the Bankruptcy of Olympia Business Machines Canada LTD. of the City of Barrie in the Province of Ontario, In the Matter of the Bankruptcy of James Peter Emms of the City of Barrie in the Province of Ontario, In the Matter of the Bankruptcy of 1104483 Ontario INC. of the City of Barrie in the Province of Ontario

BEFORE:

MCMURTRY C.J.O., CATZMAN AND ARMSTRONG JJ.A.

COUNSEL:

James Emms

appearing in-person and for Olympia Business Machines

Neil Abbott and Natalie Mullins

for the respondent

HEARD & ENDORSED:

March 10, 2005

On appeal from the order of Justice S.N. Lederman dated December 10, 2003.

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 found that Krolls debt had been established to his satisfaction. There was evidence on which he could make this finding. The purported fresh evidence is insufficient to call that finding into question.

[2] The trial judge refused to find that the bankruptcy petitions were filed for an improper purpose. That was also a finding that he was entitled to make on the record before him. We therefore see no basis on which to interfere with either of these findings.

[3] The appeal is therefore dismissed with costs to be fixed by the Registrar which costs are to be a first priority on the bankrupt estate.