Court of Appeal for Ontario

Citation: Singh v. Saini, 2009 ONCA 26

Date: 2009-01-12

Docket: C49038

Before: Doherty, Weiler and MacFarland JJ.A.

Between:

Tara Singh Plaintiff (Respondent)

and

Manjit Singh Saini and Mass Properties Inc. Defendants (Appellants)

and

Manjit Singh Saini, Mass Properties Inc. and Mass Banquet Halls Inc. Plaintiffs by Counterclaim (Appellants by Counterclaim)

and

Tara Singh, Charanjit Singh and Gurpal Singh Saini also known as Paul Saini Defendants by Counterclaim (Respondents by Counterclaim)

Counsel:

C. Argiropoulos, for the appellants

Simon Schneiderman, for the respondent

Heard: January 9, 2009

On appeal from the judgment of Justice H.T. Spiegel of the Superior Court of Justice dated November 27, 2007.

APPEAL BOOK ENDORSEMENT

[1] We are not prepared to entertain submissions that contradict concessions made on behalf of the appellant before the motion judge. There is nothing to suggest that those concessions were not entirely appropriate in the circumstances. The uncontradicted evidence as to the terms of the promissory note and the plaintiffs’ unchallenged evidence that the actual debt exceeded the amount shown on the note by $54,000 provided an appropriate basis for the order of the motion judge.

[2] The appeal is dismissed. Costs to the respondent in the amount of $8,961.50, inclusive of disbursements and GST. Costs payable out of the funds held in court as security for costs pursuant to the order of Moldaver J.A. dated October 8, 2008.