Court of Appeal for Ontario

CITATION: Park v. Bhandari, 2008 ONCA 884

DATE: 20081222

DOCKET: C47308

O’Connor A.C.J.O., Doherty and Rosenberg JJ.A.

BETWEEN:

John Park

Plaintiff (Appellant)

and

Ina Bhandari, Adam D. Cappelli, Estate Trustee of the Estate of Terry Garman, Deceased and Desjardins Financial Security Life Assurance Company

Defendant (Respondent)

Alfred Schorr, for the appellant

Frank J. Tkach, for the respondent

Heard: December 18, 2008

On appeal from the order of Justice C.A. Tucker of the Superior Court of Justice, dated June 6, 2007.

APPEAL BOOK ENDORSEMENT

[1] This trial turned on the trial judge’s findings of fact. The trial judge considered all of the relevant evidence and concluded that the respondent did not convey the RRSP with any of the intents required by s. 2 of the Fraudulent Conveyances Act.

[2] We see no error in the way the trial judge apprehended the evidence and arrived at her ultimate conclusion. Accordingly, the appeal is dismissed.

[3] Costs to the respondent are fixed in the amount of $6,000, inclusive of disbursements and GST.