COURT OF APPEAL FOR ONTARIO

CITATION: Hits Entertainment Inc. v. Zaakir, 2014 ONCA 637

DATE: 20140915

DOCKET: C58284

Weiler, Laskin and van Rensburg JJ.A.

BETWEEN

Hits Entertainment Inc.

Plaintiff (Respondent)

and

Allan S.M. Zaakir, also known as Sheik Mohamed Zaakir

Defendant (Appellant)

Counsel:

Allan Zaakir, appearing in person, assisted by Zev Wise, student-at-law

Nancy J. Tourgis and Eric P. Borzi, for the respondent

Heard and released orally: September 5, 2014

On appeal from the judgment of Justice Sandra Chapnik of the Superior Court of Justice, dated December 23, 2013.

ENDORSEMENT

[1] Mr. Zaakir appeals the summary judgment granted by Chapnik J. The evidence is undisputed that Mr. Zaakir did not comply with his payment obligations under the Share Purchase Agreement. He contends however, that the business he purchased from the respondent was an “illegal” business. He also contends that the agreements among the parties contemplated an ongoing supply of new movies. He submits that these contentions raise genuine issues requiring a trial.

[2] In our view, neither contention is supported by the record. Mr. Zaakir’s statement that the business the respondents sold was an illegal business was a bald statement. He has put forward no other evidence to support it. Moreover, none of the agreements between the parties provides for the ongoing supply of movies.

[3] Mr. Zaakir also argues that as this case raises issues of credibility, a trial is necessary. This argument overlooks the obligation on Mr. Zaakir to have put forward on the motion, some other evidence beyond his mere statements to support his position. In the absence of any other evidence it was open to the motion judge to accept the respondent’s position and grant summary judgment.

[4] We add that the motion judge thoroughly analysed the evidence in the record and applied the proper principles for granting summary judgment. We see no error in her decision.

[5] Accordingly the appeal is dismissed with costs payable to the respondent in the amount of $5000 inclusive of disbursements and applicable taxes.

“K.M. Weiler J.A.”

“John Laskin J.A.”

“K. van Rensburg J.A.”