Court File and Parties

Court: COURT OF APPEAL FOR ONTARIO Date: 20240826 Docket: COA-23-CV-1298

Judges: Nordheimer, Gomery and Wilson JJ.A.

In the Matter of the Bankruptcy of Verinder Malhotra of the City of Brampton in the Regional Municipality of Peel

Counsel: Matthew R. Harris, for the appellant, Gurdeep Nagra Colby Linthwaite, for the respondent, Verinder Malhotra

Heard and released orally: August 23, 2024

On appeal from the order of Justice Peter J. Osborne of the Superior Court of Justice, dated November 14, 2023.

Reasons for Decision

[1] Mr. Nagra appeals from the order of the motion judge that dismissed an appeal from an order of the Registrar in Bankruptcy. The Registrar in Bankruptcy had reduced the appellant’s claim in the bankruptcy of the respondent by expunging from that claim a promissory note held by the appellant.

[2] The appellant has failed to establish any error in the decision of the motion judge. The motion judge noted that the decision of the Registrar in Bankruptcy was entitled to deference. The motion judge then reviewed, in thorough reasons, the two arguments made by the appellant, neither of which had been made before the Registrar, and concluded that neither could succeed. No error has been shown in that conclusion.

[3] The appeal is dismissed with costs payable in the agreed amount of $18,000 inclusive of disbursements and HST.

“I.V.B. Nordheimer J.A.”

“S. Gomery J.A.”

“D.A. Wilson J.A.”