CITATION: 793470 Ontario Ltd. v. Stafford (Royal York) Ltd., 2009 ONCA 174
DATE: 20090224
DOCKET: C49562
COURT OF APPEAL FOR ONTARIO
Sharpe, Juriansz and LaForme JJ.A.
BETWEEN:
793470 Ontario Ltd.
Applicant (Appellant in Appeal)
and
Stafford (Royal York) Ltd., Firm Capital Mortgage Fund Inc., Equitable Trust Company and The City of Toronto
Respondents (Respondents in Appeal)
Frederick W. Chenoweth for the appellant
Symon Zucker for the respondents
Heard: February 24, 2009
On appeal from the order of Justice J. Mesbur of the Superior Court of Justice dated October 24, 2008.
APPEAL BOOK ENDORSEMENT
[1] The application judge found that this was a case where a solicitor, retained to carry out a real estate transaction, namely, the discharge of a mortgage, diverted funds away from his client to himself. The application judge found that appellant was fraudulently deprived of the respondent’s repayment of the appellant’s mortgage by the appellant’s solicitor. These findings were well supported in the record and we see not error
[2] Appeal dismissed. Costs to the respondent fixed at $9,000 inclusive of disbursement and GST.