CITATION: Royal Bank of Canada v. Lukezic, 2011 ONCA 314

DATE: 20110420

DOCKET: C52487

COURT OF APPEAL FOR ONTARIO

Goudge, Gillese and Watt JJ.A.

BETWEEN

Royal Bank of Canada

Respondent

and

James Joseph Lukezic, Walker Hall Winery Ltd., Lukezic Group Ltd. and Walker Hall Group Ltd.

Appellant

James Joseph Lukezic, acting in person

Milton A. Davis, for the respondent

Robert J. Van Kessell, for BDO Canada Limited, the receiver

Heard: April 19, 2011

On appeal from the judgment of Justice Geoffrey B. Morawetz of the Superior Court of Justice dated July 30, 2010.

APPEAL BOOK ENDORSEMENT

[1] In our view, Morawetz J. accorded the appellant a very full and fair hearing. He could find no basis on the material before him to conclude that the appellant’s consent to the receivership order was obtained through fraud. Nor was there evidence, at least before him, of the consent being conditioned on an advance of $150,000, although that issue may well be the subject of the appellant’s action against his former lawyer. We can see no basis for interfering with these findings and as a consequence the appeal must be dismissed. Costs to the Bank of $3,000 and to the receiver of $500.