Carnese Hardware Limited (Re)
The trial judge's factual findings on insolvency, the status of the G.S.A., and the vehicle transfers were supported by the evidence and not vitiated by palpable and overriding error; therefore the appeal fails.
Source-derived case information.
- Citation
- C38677
- Parties
- Appellant: Frank Cartaginese; Respondent: KPMG Inc.; Bankrupt: Carnese Hardware Limited
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 April 2004
- Procedural Posture
- Bankruptcy Appeal / Appeal From Superior Court of Justice
- Outcome
- Appeal dismissed
- Legal Topics
- Insolvency Date Determination, General Security Agreement Replacement, Transfer of Company Vehicles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Frank Cartaginese
Appellant
KPMG Inc.
Respondent
Carnese Hardware Limited
Bankrupt
Procedural Posture
Bankruptcy Appeal / Appeal From Superior Court of Justice
Legal Issues
- 1 Whether Carnese Hardware Limited was insolvent as of November 5, 1999
- 2 Whether a G.S.A. executed on November 5, 1999 replaced an earlier general security agreement
- 3 Whether two vehicles transferred out of the bankrupt company to the appellant and his wife were properly transferred or subject to the estate
Ratio Decidendi
The trial judge's factual findings on insolvency, the status of the G.S.A., and the vehicle transfers were supported by the evidence and not vitiated by palpable and overriding error; therefore the appeal fails.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs fixed in the sum of $5,000 plus disbursements and G.S.T.
Full Case Text
Judgment text and source record
1 paragraphs
Carnese Hardware Limited (Re) Collection Decisions of the Court of Appeal Date 2004-04-05 Docket numbers C38677 Judges Catzman, Marvin Adrian; Goudge, Stephen Thomas; Sharpe, Robert J. Subject Civil Decision Content DATE: 20040405 DOCKET: C38677 COURT OF APPEAL FOR ONTARIO IN THE MATTER OF THE BANKRUPTCY OF CARNESE HARDWARE LIMITED, o/a CREDITVIEW PRO HARDWARE OF THE CITY OF MISSISSAUGA, IN THE REGIONAL MUNICIPALITY OF PEEL, IN THE PROVINCE OF ONTARIO BEFORE: CATZMAN, GOUDGE and SHARPE JJ.A. COUNSEL: Antonio Conte for the appellant Frank Cartaginese David J. Kirwin for the respondent KPMG Inc. HEARD & ENDORSED: April 5, 2004 On appeal from the judgment of Justice Janet M. Wilson of the Superior Court of Justice dated June 26, 2002. APPEAL BOOK ENDORSEMENT [1] The appellant raised three points in connection with this appeal: (i) insolvency as of November 5, 1999; (2) replacement of an earlier general security agreement with the G.S.A. executed on that date; and (3) the two vehicles that were transferred out of the bankrupt company to the appellant and his wife. [2] All of these matters were canvassed by the trial judge, who made findings against the appellant that were supported by the evidence. In our view, she committed no palpable and overriding error in making these findings, which are fatal to the position advanced on behalf of the appellant on this appeal. [3] The appeal is dismissed with costs fixed in the sum of $5,000 plus disbursements and G.S.T.