





CITATION: Fedel v. Tan, 2011
          ONCA 73



DATE: 20110128



DOCKET: C49693



COURT OF APPEAL FOR ONTARIO



OConnor A.C.J.O., Cronk and Watt JJ.A.



BETWEEN:



Joseph Fedel



Applicant (Respondent)



and



Kenneth Tan, Gum Products International Inc.,
          Quality Powderizing Limited, PG Properties Limited, Gum Products
          International Worldwide Inc., Polenton Pacific Corporation, Sunginvest
          Holdings Ltd.
, Tanvest Ltd.



Respondents (
Appellants
)



Alan J. Lenczner, Q.C., and Jordan Goldblatt, for the
          appellants



A.M. Robinson and A. Stephens, for the respondent



Heard: March 15, 2010



On appeal and cross-appeal from the
          judgment of Justice Peter A. Cumming of the Superior Court of Justice dated
          September 16, 2008, with reasons reported at (2008), 93 O.R. (3d) 274.



ENDORSEMENT

[1]

This endorsement addresses the appellants submission that this courts
    order should set aside para. 1 of the judgment below as it applies to PG Properties
    Limited (PGP).

[2]

We do not accept this submission.  Even if it could be said that the
    amended Notice of Appeal raised this issue, the appellants oral argument on
    appeal did not.  The parties did not engage on this issue before this court.

[3]

Moreover, we find merit in the respondents argument that if this issue
    had been raised, the respondent may well have cross-appealed the trial judges
    conclusion that there was insufficient evidence to quantify the respondents
    claims for damages against PGP other than the claim based on the $160,000 loan.

[4]

In any event, we are satisfied that the finding of oppression against
    PGP in para. 1 of the trial judgment was not based solely on the $160,000
    loan.  Leaving aside that loan, there was ample evidence to support the
    finding.

[5]

We, therefore, decline the appellants request.

D. OConnor A.C.J.O.

E.A. Cronk J.A.

David Watt J.A.


