Robson v. Robson Estate, 2011 ONCA 521

CITATION: Robson v. Robson Estate, 2011 ONCA 521

DATE: 20110714

DOCKET: C52878

COURT OF APPEAL FOR ONTARIO

Doherty, Laskin and Simmons JJ.A.

IN THE MATTER OF the Bankruptcy of Paul Alexander Robson of the City of Toronto in the Province of Ontario

BETWEEN

Paul Alexander Robson, Anti-Aging Holdings Limited, RX Corporation and Cellex-C International Inc.

Appellants

and

Tessis and Partners Receivers and Trustees Inc. as Trustee of the Estate of Paul Alexander Robson

Respondent

Counsel:

Paul Alexander Robson, appearing in person and for RX Corporation

Richard B. Swan and Harold Maltz, for the respondent

Heard: July 12, 2011

On appeal from the decision of Justice Pattillo of the Superior Court of Justice (Commercial and Bankruptcy), dated August 27, 2010.

APPEAL BOOK ENDORSEMENT

[1] At the outset of the appeal, the appellant handed up two documents, one a signed affidavit of Megan McLellan and the other an unsigned affidavit attached to a one paragraph affidavit of his. The latter is of no value and the former does not assist the appellant on the issues raised on this appeal.

[2] The motion judge’s reasons are thorough and exemplary. We agree with them. The motion brought by the appellant under Rule 59 was properly dismissed as an abuse of process.

[3] The appeal is dismissed. Costs to the respondent in the amount of $17,500, inclusive of disbursements and all applicable taxes.