Teskey
J.T.C.C.
(orally):
-
The
only
thing
that
has
been
produced
to
me
is
the
bill
of
sale
and
it’s
made
out
to
Eastwood
Auto
Body
Limited.
Attached
to
it
is
a
cheque
from
Eastwood
Auto
Body
Limited
for
$3500.00.
The
Appellant
has
said,
oh
I
paid
the
rest
by
cash
or
cheque,
and
the
$3500.00
was
set
on
the
books
as
a
shareholder’sc
loan.
The
Appellant
did
not
produce,
and
he
could
have,
it’s
within
his
power,
the
policy
of
insurance;
did
not
produce
the
corporate
books,
which
shows
the
inventory,
which
would
show
the
purchase
of
the
vehicle,
which
would
show
—
which
would
have
a
declaration
of
trust,
which
would
show
the
shareholder’s
loan
being
set-up.
Did
not
produce
his
cancelled
personal
cheques
for
the
alleged
money.
Did
not
produce
the
financial
statements
of
either
his
own
income
tax
returns
or
the
company’s
tax
returns,
and
I
can
only
draw
the
conclusion
the
reason
he
didn’t
is
the
financial
tax
returns
of
the
company
would
show
that
they’re
depreciating
this
vehicle.
It’s
without
the
slightest
hesitation
I
find
as
a
fact
that
Eastwood
Auto
Body
Limited
is
the
owner
of
Mercedes
1.
Carry
on
with
your
argument.
MR.
WILLIER:
Sir,
because
of
what
you
said,
I
don’t
believe
there’s
any
use
in
really
flogging
a
dead
horse
here,
sir.
I
would
just
make
the
court
aware
that
there
was
no
argument
put
forth
that
the
quantum
was
assessed
incorrectly,
sir.
Thank
you.
HIS
HONOUR:
Quite
right.
So
for
the
reasons
given,
the
appeal
is
dismissed.
Appeal
dismissed.
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