Court File and Parties

CITATION: Citizen Bank of Canada v. Pastore, 2007 ONCA 403

DATE: 20070528

DOCKET: C44287

COURT OF APPEAL FOR ONTARIO

LASKIN, MOLDAVER and SHARPE JJ.A.

BETWEEN:

CITIZEN BANK OF CANADA

Plaintiff (Respondent)

and

LUIGI ANTONIO PASTORE, MARGARET PASTORE and HOUSEHOLD REALTY CORPORATION LIMITED and RUMANEK & COMPANY LTD. in its capacity as Trustee in Bankruptcy of Luigi Antonio Pastore

Defendants (Appellant)

Counsel:

Alfred Schorr for the appellant

Enzo Di Iorio and Melissa Mackovski for the respondent

Heard: May 24, 2007

On appeal from the judgment of Justice John B. McMahon of the Superior Court of Justice dated November 17, 2005.

APPEAL BOOK ENDORSEMENT

[1] The trial judge’s findings at the bottom of page 32 and top of page 33 of the appeal book were available to him on the evidence and are not tainted by any palpable and overriding error.

[2] That the Bank did not prove one of the particulars of fraud it alleged – namely, that the appellant participated in the fraudulent discharge – did not preclude a finding of civil fraud against the appellant. The particulars pleaded at para. 17A (a) and (b) were proved and support the judgment.

[3] Accordingly, the appeal is dismissed with costs fixed at $6,000, all inclusive.