Court of Appeal for Ontario

Citation: Ahmed v. Hakim, 2010 ONCA 74

Date: 2010-01-28

Docket: C50016

Before: Moldaver, MacPherson and LaForme JJ.A.

Between:

Nasir Ahmed

Plaintiff (Appellant)

And

Abdul Hakim and Chaudhry Abdul Kareem Dogar a.k.a. Dogar Chaudhry Abdul

Defendants (Respondents)

Counsel:

Howard L. Shankman, for the appellant

Raj Sharda, for the respondents

Heard and endorsed: January 27, 2010

On appeal from the judgment of Justice Ruth Mesbur of the Superior Court of Justice dated January 16, 2009.

APPEAL BOOK ENDORSEMENT

[1] The trial judge gave comprehensive reasons for concluding that she could not determine where the truth lay and that neither party had met its onus, either on the claim or counterclaim.

[2] In arriving at her conclusion, the trial judge considered the whole of the evidence, including the absence of critical documentation and witnesses who should have been called. This was a case which cried out for the kind of confirmatory evidence the trial judge was looking for, but which she did not receive.

[3] To the extent that the trial judge may have misapprehended two or three items in the appellant’s evidence, we are far from persuaded that they were material or that her decision would have been different had she correctly apprehended the evidence.

[4] Accordingly, the appeal is dismissed.

[5] Costs to the respondent in the amount of $4,600 inclusive of G.S.T. and disbursements.