Court of Appeal for Ontario

Date: 2019-02-04 Docket: C65159

Judges: Hoy A.C.J.O., Simmons and Pardu JJ.A.

Between

Devry Smith Frank LLP Plaintiff (Appellant)

and

Munish Chopra and Monika Chopra Defendants (Respondents)

Counsel

Christopher W. Statham, for the appellant

Munish Chopra and Monika Chopra, self-represented

Heard and released orally: January 31, 2019

On appeal from: the judgment of Justice Paul Perell of the Superior Court of Justice, dated February 26, 2018.

Reasons for Decision

[1] The motion judge found as a fact that Mr. Chopra did not intend to defeat creditors when he transferred his joint legal title in the matrimonial home to his wife because he had no beneficial interest in the matrimonial home.

[2] The appellant did not challenge the evidence that the wife had supplied the down-payment and made all of the mortgage payments on the home. The home was acquired shortly before the transfer, at a time when Mr. Chopra was unemployed. The appellant accepted that Mr. Chopra did not have the money to buy the home.

[3] In these circumstances there is no reason to interfere with the trial judge's factual finding that Mr. Chopra did not intend to defeat creditors.

[4] Moreover, the appellant was not prejudiced by the trial judge's dealing with the issue of Mr. Chopra's beneficial interest in the home. Although not squarely pleaded as a defence, the appellant had alleged that Mr. Chopra had fraudulently conveyed his interest in the home to his wife.

[5] Finally, we see no basis to interfere with the trial judge's assessment of the appropriate amount of the legal fees to be paid to the appellant, nor do we agree that he made inconsistent findings in arriving at his decision as to the legal fees which should be paid.

[6] Accordingly, the appeal is dismissed without costs.

"Alexandra Hoy A.C.J.O."

"Janet Simmons J.A."

"G. Pardu J.A."