Court File and Parties

CITATION: 1494203 Ontario Inc. v. Ashkar, 2011 ONCA 640

DATE: 20111012

DOCKET: C52911

COURT OF APPEAL FOR ONTARIO

BEFORE: Blair and LaForme JJ.A. and Benotto J. (ad hoc)

BETWEEN

1494203 Ontario Inc.

Plaintiff (Appellant)

and

Nabil Ashkar and Naifa Ashkar

Defendants (Respondents)

COUNSEL: W.A. Kelly, Q.C., for the plaintiff/appellant Marco Drudi, for the defendants/respondents

HEARD: October 12, 2011

On appeal from the order of Justice Sandra Chapnik of the Superior Court of Justice dated October 21, 2010.

APPEAL BOOK ENDORSEMENT

[1] We agree with the motion judge that the loan in this case is tantamount to a loan payable on demand. She was therefore correct in concluding that the plaintiff’s claim was time barred. The appeal is therefore dismissed.

[2] Costs to the respondents fixed in the amount of $3500 all inclusive.