Court of Appeal for Ontario

Citation: Dilollo v. Es-Lea Holdings Limited, 2010 ONCA 624

Date: 2010-09-28

Docket: C51576

Before: Goudge, Sharpe and MacFarland JJ.A.

Between:

In the Matter of the Bankruptcy of Cosimo Dilollo, an individual residing in the City of Niagara Falls, in the Province of Ontario, Businessman

Cosimo Dilollo, Appellant

and

Es-Lea Holdings Limited, Rino De Piero and Sam Stern, Respondents

Counsel:

Gary H. Enskat and Martin Sheppard, for the appellant

L. Viet Nguyen, for the respondents

Heard: September 27, 2010

On appeal from the judgment of Justice Geoffrey B. Morawetz of the Superior Court of Justice, dated January 11, 2010, with reasons reported at 2010 ONSC 129.

APPEAL BOOK ENDORSEMENT

[1] In our view the application judge properly found that, at the time they filed the application, the respondents were owed more than $1,000 by the appellant, because of the costs order of Justice Quigley. Moreover, it was open to the application judge to find on the evidence before him that the appellant, within 6 months of the commencement of the application, was not able to pay his debts as they came due. It will be open to the appellant in the bankruptcy proceedings to contest the amount of the debt the respondents claim. This of course does not include the costs order of Quigley J. which is owed in any event.

[2] The appeal is dismissed.