Sliwin v. Tishbi

Sliwin v. Tishbi

The appeal was dismissed because the trial judge provided cogent reasons for her factual findings, properly relied on the written agreement, approved financial statements and accountants' evidence, and there was no basis for the Court of Appeal to interfere.

Citation
C40009
Parties
Plaintiff/respondent: Bernard Sliwin; Plaintiff/respondent: Paulbern Realty Holdings Ltd.; Defendant/appellant: Michael Tishbi; Defendant/appellant: Sandtron Investments Ltd.; Defendant/appellant: 634210 Ontario Ltd.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
26 November 2004
Procedural Posture
Proceeding Under the Partition Act (r.s.o. 1990 C.p.4) / Appeal to the Ontario Court of Appeal From Superior Court Trial Judgment
Outcome
Appeal dismissed
Legal Topics
Partition, Factual Findings, Standard of Review on Appeal, Costs
Source Language
English
Real Property Civil Procedure Appeal Partition Factual Findings Standard of Review on Appeal Costs

Case Brief

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Parties

Bernard Sliwin

Plaintiff/respondent

Paulbern Realty Holdings Ltd.

Plaintiff/respondent

Michael Tishbi

Defendant/appellant

Sandtron Investments Ltd.

Defendant/appellant

634210 Ontario Ltd.

Defendant/appellant

Procedural Posture

Proceeding Under the Partition Act (r.s.o. 1990 C.p.4) / Appeal to the Ontario Court of Appeal From Superior Court Trial Judgment

Legal Issues

  1. 1 Whether the trial judge's factual findings should be overturned on appeal
  2. 2 Whether reliance on the written agreement, approved financial statements and accountants' evidence was appropriate
  3. 3 Whether the costs award was appropriate

Ratio Decidendi

The appeal was dismissed because the trial judge provided cogent reasons for her factual findings, properly relied on the written agreement, approved financial statements and accountants' evidence, and there was no basis for the Court of Appeal to interfere.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to the respondents fixed at $10,000 inclusive of GST and disbursements