JND Associates (Re)
Documentary evidence and the testimony of the appellant's former bookkeeper provided sufficient support for the bankruptcy judge's finding that JND had outstanding unpaid liabilities to other suppliers (Blossom Holdings and Sheeprock Diamonds Limited), thereby satisfying s.42(1)(j) of the BIA and justifying the...
Source-derived case information.
- Citation
- 2009 ONCA 465
- Parties
- Appellant: JND Associates; Respondent: Lucas Vets
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 June 2009
- Procedural Posture
- Bankruptcy Appeal / Appeal to Court of Appeal From Superior Court Order
- Outcome
- appeal dismissed
- Legal Topics
- Bankruptcy Order, Section 42(1)(j) BIA, Existence of Other Creditors' Debts, Appellate Review of Factual Findings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JND Associates
Appellant
Lucas Vets
Respondent
Procedural Posture
Bankruptcy Appeal / Appeal to Court of Appeal From Superior Court Order
Legal Issues
- 1 Whether the bankruptcy judge erred in finding the appellant had debts with other creditors
- 2 Whether s.42(1)(j) of the Bankruptcy and Insolvency Act was satisfied to justify a bankruptcy order
Ratio Decidendi
Documentary evidence and the testimony of the appellant's former bookkeeper provided sufficient support for the bankruptcy judge's finding that JND had outstanding unpaid liabilities to other suppliers (Blossom Holdings and Sheeprock Diamonds Limited), thereby satisfying s.42(1)(j) of the BIA and justifying the bankruptcy order; the appeal was dismissed.
Court Disposition
appeal dismissed
Orders
- Bankruptcy order of Justice James M. Spence dated January 9, 2008 upheld
- Costs to the respondent fixed at $7,500 inclusive of disbursements and G.S.T.
Full Case Text
Judgment text and source record
1 paragraphs
JND Associates (Re) Collection Decisions of the Court of Appeal Date 2009-06-05 Neutral citation 2009 ONCA 465 Docket numbers C48236 Judges Laskin, John Ivan; Moldaver, Michael James; MacPherson, James C. Subject Civil Decision Content CITATION: JND Associates (Re) , 2009 ONCA 465 DATE: 20090605 DOCKET: C48236 COURT OF APPEAL FOR ONTARIO Laskin, Moldaver and MacPherson JJ.A. BETWEEN: In the Matter of the Bankruptcy of JND Associates a partnership carrying on business in the Town of Markham, in the Regional Municipality of York, in the Province of Ontario P.E. Du Vernet, for the appellant JND Associates Martin R. Kaplan and Myriah Graves, for the respondent Lucas Vets Heard: June 3, 2009 On appeal from the order of Justice James M. Spence of the Superior Court of Justice dated January 9, 2008. APPEAL BOOK ENDORSEMENT [1] The appellant, JND Associates, appeals from the bankruptcy order of Spence J. dated January 9, 2008. [2] The respondent Lucas Vets is a Belgian diamond merchant who sold diamonds to the appellant. He claimed that the appellant did not pay for some of the diamonds and eventually owed him $212,305.98. The respondent decided to bring a petition for a bankruptcy order. [3] The bankruptcy judge granted the order under s. 42(1)(j) of the Bankruptcy and Insolvency Act. He found that the appellant had failed to pay its obligations to the applicant “and to some of its other creditors”. [4] The appellant’s principal ground of appeal is that the bankruptcy judge erred in concluding that the appellant had debts with other creditors. [5] We disagree. The documentary evidence and the testimony of the appellant’s former bookkeeper entitled the bankruptcy judge to conclude, as he did, that “JND had outstanding and unpaid liabilities to two other suppliers, Blossom Holdings and Sheeprock Diamonds Limited.” [6] The appeal is dismissed. Costs to the respondent fixed at $7500 inclusive of disbursements and G.S.T.