HC Matcon Inc. v. Aspden Developments Inc., 2009 ONCA 695

CITATION: HC Matcon Inc. v. Aspden Developments Inc., 2009 ONCA 695

DATE: 20091002

DOCKET: C47883

COURT OF APPEAL FOR ONTARIO

MacPherson, Armstrong and Epstein JJ.A.

BETWEEN

HC Matcon Inc.

Plaintiff (Appellant)

and

Aspden Developments Inc., Kevin Aspden and Donna Aspden

Defendants (Respondents)

Irwin A. Duncan, for the appellant

Mark Wiffen, for the respondents

Heard: October 1, 2009

On appeal from the judgment of Justice T. D. Marshall of the Superior Court of Justice dated September 14, 2007.

APPEAL BOOK ENDORSEMENT

[1] In our view, the trial judge properly applied the test articulated by Blair J. (as he then was) in Simone v. Daley at paras. 37 and 52 of that case. The findings of fact of the trial judge do not display any element of wrongdoing or improper conduct on the part of the respondents, which would attract the provisions of s. 178(1)(d) of the Bankruptcy and Insolvency Act. The appeal is therefore dismissed.

[2] Costs to the respondents in the amount of $6,500 inclusive of disbursements and GST.