Court File and Parties

CITATION: Appleyard v. Wainberg, 2008 ONCA 89

DATE: 20080212

DOCKET: C47089

COURT OF APPEAL FOR ONTARIO

MOLDAVER, MACPHERSON and EPSTEIN JJ.A.

BETWEEN:

IN THE MATTER OF THE BANKRUPTCY OF JO ANNE APPLEYARD, OF THE CITY OF TORONTO, IN THE PROVINCE OF ONTARIO

JO ANNE APPLEYARD

Appellant (Debtor)

and

MARK WAINBERG

Respondent (Creditor)

Counsel: Robert A. Klotz and Kristine Holder for the appellant (debtor) Arnold Zweig for Peter Appleyard Mark Wainberg, In person Paul D. Koven and Philip Gertler for Brief & Associates Limited, Trustees

Heard and endorsed: January 11, 2008

On appeal from the order of Justice John D. Ground of the Superior Court of Justice dated April 11, 2007.

APPEAL BOOK ENDORSEMENT

[1] The appellant did not appear before Ground J. The issue of occupation rent was not raised before him and in our view, it is not the proper subject matter of this appeal. In all other respects, we see no error in Ground J.’s analysis or conclusion relating to the sale of the property.

[2] Accordingly, the appeal is dismissed. Costs to the Trustee from the estate fixed at $7,000 inclusive of G.S.T. and disbursements.