Court of Appeal for Ontario

CITATION: Bester v. Balroop, 2009 ONCA 799

DATE: 20091110

DOCKET: C50284

Goudge, MacPherson and Blair JJ.A.

BETWEEN:

Denis Bester

Plaintiff (Respondent)

and

Satt Balroop, Shakeel Balroop, sham Balroop, 1632664 Ontario Inc., and 1309395 Ontario Ltd.

Defendants (Appellants)

David Milosevic, for the appellants

Orie Niedzviecki and Evelyn Perez, for the respondent

Heard: November 9, 2009

On appeal from the judgment of Justice Belobaba of the Superior Court of Justice, dated January 22, 2009.

APPEAL BOOK ENDORSEMENT

[1] There was an ample basis before the motion judge to permit him to proceed on the foundation that the appellants were properly served. Nor did the appellants ask for an adjournment. The motion for fresh evidence and the appeal are both dismissed. Costs of the motion before the A.C.J.O, the motion for fresh evidence, and the appeal to the respondents in the amount of $20,000 all inclusive. The sum paid in as security for costs of the appeal to be paid out to the respondents against the costs ordered today.