DATE: 20060220

DOCKET: C43791

COURT OF APPEAL FOR ONTARIO

RE:

STEVEN ZACHARY BIDERMAN, ESTATE TRUSTEE WITHOUT A WILL, ON BEAHLF OF THE ESTATE OF ALLAN JACK SIMON, DECEASED, AND NOT IN HIS PERSONAL CAPACITY (Applicant (Appellant)) – and – ANGELO RAPANOS, ANASTASIA RAPANOS, THEODORE RAPANOS and 1052903 ONTARIO LIMITED (Respondents (Respondents))

BEFORE:

ROSENBERG, MOLDAVER and JURIANSZ JJ.A.

COUNSEL:

Messod Boussidan

for the appellant

Chris Reed

for the respondents

HEARD & ENDORSED:

February 17, 2006

On appeal from the judgment of Justice Michael R. Dambrot of the Superior Court of Justice dated June 3, 2005 and supplementary reasons dated September 28, 2005.

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

[1] Despite the appellant’s very able argument, we have not been persuaded that Dambrot J. erred in finding that the application must be dismissed on the merits. As the application judge found, there was no evidence that Rapanos Sr. ever owned or paid for the property through Maria Haikali or otherwise.

[2] With respect to costs, we agree with the respondent that the appellant having decided to pursue the application even after hearing of the bankruptcy the costs order was properly made.

[3] Accordingly, the appeal is dismissed with costs fixed at $10,000 inclusive of disbursements and G.S.T.