CITATION: Di Paola (Re), 2007 ONCA 23

DATE20070117

DOCKET: C45750

COURT OF APPEAL FOR ONTARIO

RE:

IN THE MATTER OF the Bankruptcy of CARMEN MICHAEL ANTHONY DI PAOLO, of the Town of Markham, in the Regional Municipality of York, in the Province of Ontario

BEFORE:

BORINS, ARMSTRONG and LANG JJ.A.

COUNSEL:

Matthew Sokolsky

for the appellant

Richard D. Howell

for the respondent

HEARD & RESERVED:

January 11, 2007

On appeal from the order of Justice John D. Ground of the Superior Court of Justice dated June 27, 2006.

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

[1] We are satisfied that the motion judge was correct in finding that the judgment against Di Paolo did not survive his discharge from bankruptcy and that Di Paolo was released from the judgment debt, pursuant to s. 178(1)(d) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3. We would therefore dismiss the appeal with costs fixed at $3,000.00 inclusive of disbursements and GST.

“S. Borins J.A.”

“Robert P. Armstrong J.A.”

“S. E. Lang J.A.”