Kantoor v. Comparone

Kantoor v. Comparone

The appeal is dismissed because the trial judge reasonably relied on the FST findings that the broker's conduct was corrupt and that amounts claimed were the result of fraud, making the claims against the respondents unsustainable; the delay in moving to strike the default judgment was adequately explained on the...

Source-derived case information.

Citation
2023 ONCA 812
Parties
Plaintiff (appellant); Defendant by Counterclaim (appellant): Veeru Kantoor; Defendant (respondent); Plaintiff by Counterclaim (respondent): Anthony Comparone; Defendant (respondent); Plaintiff by Counterclaim (respondent): Joanne Comparone; Defendant by Counterclaim (appellant): Vivek Handa (aka Vick Handa); Defendant by Counterclaim (appellant): Dennis Khanna (aka Dinesh Khanna); Defendant by Counterclaim (appellant): Metro Financial Planning Ltd.; Defendant by Counterclaim (appellant): Ross McLeod
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
7 December 2023
Procedural Posture
Civil / Appeal From Superior Court of Justice Trial Judgment
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Default Judgment, Credibility Findings, Judicial Bias, Mortgage Fraud, Damages, Costs
Source Language
english
Civil Litigation Mortgage Law Administrative Law Professional Regulation Abuse of Process Default Judgment Credibility Findings Judicial Bias +3 more

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Parties

Veeru Kantoor

Plaintiff (appellant); Defendant by Counterclaim (appellant)

Anthony Comparone

Defendant (respondent); Plaintiff by Counterclaim (respondent)

Joanne Comparone

Defendant (respondent); Plaintiff by Counterclaim (respondent)

Vivek Handa (aka Vick Handa)

Defendant by Counterclaim (appellant)

Dennis Khanna (aka Dinesh Khanna)

Defendant by Counterclaim (appellant)

Metro Financial Planning Ltd.

Defendant by Counterclaim (appellant)

Ross McLeod

Defendant by Counterclaim (appellant)

Procedural Posture

Civil / Appeal From Superior Court of Justice Trial Judgment

Legal Issues

  1. 1 Whether the trial judge erred in striking out the default judgment for unexplained delay
  2. 2 Whether the trial judge erred in striking the appellants' statement of claim as an abuse of process
  3. 3 Whether the trial judge erred in his credibility findings regarding Joanne and Dennis

Ratio Decidendi

The appeal is dismissed because the trial judge reasonably relied on the FST findings that the broker's conduct was corrupt and that amounts claimed were the result of fraud, making the claims against the respondents unsustainable; the delay in moving to strike the default judgment was adequately explained on the record; credibility findings were open to the trial judge and entitled to deference; and there is no objectively reasonable basis for a reasonable apprehension of bias.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to the respondents in the agreed amount of $15,000 inclusive of disbursements and applicable taxes
  • Respondents' judgment upheld awarding damages of $41,494 plus $5,000 for slander for a total of $46,494