Court of Appeal for Ontario

CITATION: Dhir v. Farkhanda, 2008 ONCA 515

DATE: 20080625

DOCKET: C45654

DOHERTY, ARMSTRONG and MACFARLAND JJ.A.

BETWEEN:

RAMESH DHIR and RENU DHIR

Appellant (Defendant)

and

MOHD IMRAN FARKHANDA

Respondent (Plaintiff)

Peter C. Verbeek for the appellant

David Pomer for the respondent

Heard: June 25, 2008

On appeal from the order of Justice J. Snowie of the Superior Court of Justice dated June 30, 2006.

APPEAL BOOK ENDORSEMENT

[1] The “defence” the appellant now advances, i.e. that Mrs. Dhir was not a party to the loan was not pleaded in the statement of defence or advanced at trial. It is too late to advance that position now. In any event, there is some evidence from which her participation in the loan could be inferred.

[2] The appeal is dismissed. Costs to the respondent in the amount of $3,500, inclusive of disbursements and GST.