Court of Appeal for Ontario

CITATION: Noormohamed v. ANP Holdings Ltd., 2010 ONCA 772

DATE: 20101115

DOCKET: C52082

Feldman, Juriansz and LaForme JJ.A.

BETWEEN:

Arif Noormohamed

Plaintiff (Respondent)

and

ANP Holdings Ltd. And International Clothiers Inc.

Defendants (Appellants)

Counsel:

Jeffrey A.L. Kriwetz and A. Dhalla, for the appellants

Sandra E. Dawe, for the respondent

Heard and endorsed: November 10, 2010

On appeal from the order of Justice Laurence Pattillo of the Superior Court of Justice dated April 12, 2010.

APPEAL BOOK ENDORSEMENT

[1] We agree with the conclusion reached by Pattillo J. that there is no basis on this pleading that a claim for equitable set-off could succeed, when the claim is made in respect of the actions of CMT, a corporate non-party, not alleged to be wholly owned by the respondent.

[2] The appeal is therefore dismissed with costs fixed at $7,000, inclusive of disbursements and applicable taxes.