DATE: 20060301

DOCKET: C44069

COURT OF APPEAL FOR ONTARIO

RE:

932129 ONTARIO INC. (CONTINUED AS JOHN D. INGLE) (Plaintiff/Appellant in Appeal) – and – TRENT HEALTH INSURANCE SERVICES CORP. (Defendant/Respondent in Appeal)

BEFORE:

GOUDGE, SHARPE and LAFORME JJ.A.

COUNSEL:

John Ingle

in person

Allison A. Thornton

for the respondent

HEARD & ENDORSED:

March 1, 2006

On appeal from the judgment of Justice F. Kiteley of the Superior Court of Justice dated August 3, 2005.

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

[1] Assuming without deciding that this appeal is properly before this court, we see no basis to interfere with the order under appeal. We do not agree that the motion judge erred in finding that the appellant failed to disclose material evidence in his application for an order to continue pursuant to rule 11.02. The appellant had unsuccessfully moved to act on behalf of the numbered company. The alleged transfer and the undisclosed security agreement must be read in that light. The security agreement provides that there is no transfer of assets until the transferor is paid and that the benefits of the action remain with the transferor. It was open to the motion judge to find that the security agreement was material. We note that the motion judge left it open to the appellant to reapply for a rule 11.02 order upon proper material and we agree with that disposition.

[2] The appeal is dismissed. Costs to the respondent fixed in the amount of $2,500.