1348121 Ontario Inc. v. Royal Bank of Canada
The Court found no error in the motions judge's determination that there was no genuine issue of material fact requiring a trial and therefore dismissed the appeal.
Source-derived case information.
- Citation
- C39667
- Parties
- Appellant: 1348121 Ontario Inc. (o/a The Doger & Firkin); Appellant: Terry Yates; Appellant: Laura Yates a.k.a. Laurie Yates; Respondent: Royal Bank of Canada
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 7 November 2003
- Procedural Posture
- Collection / Appeal From Motion Judge's Order (superior Court of Justice)
- Outcome
- Appeal dismissed
- Legal Topics
- Summary Judgment, Genuine Issue for Trial, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
1348121 Ontario Inc. (o/a The Doger & Firkin)
Appellant
Terry Yates
Appellant
Laura Yates a.k.a. Laurie Yates
Appellant
Royal Bank of Canada
Respondent
Procedural Posture
Collection / Appeal From Motion Judge's Order (superior Court of Justice)
Legal Issues
- 1 Whether there is a genuine issue of material fact requiring a trial
- 2 Whether the motions judge erred in finding no genuine issue of material fact
Ratio Decidendi
The Court found no error in the motions judge's determination that there was no genuine issue of material fact requiring a trial and therefore dismissed the appeal.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs fixed in the amount of $3,500 payable to the respondent
Full Case Text
Judgment text and source record
1 paragraphs
1348121 Ontario Inc. v. Royal Bank of Canada Collection Decisions of the Court of Appeal Date 2003-11-07 Docket numbers C39667 Judges McMurtry, Roy; Weiler, Karen Merle Magnuson; Sharpe, Robert J. Subject Civil Decision Content DATE: 20031107 DOCKET: C39667 COURT OF APPEAL FOR ONTARIO RE: 1348121 ONTARIO INC. (o/a THE DOGER & FIRKIN) TERRY YATES AND LAURA YATES A.K.A. LAURIE YATES (Appellants) and ROYAL BANK OF CANADA (Respondent) BEFORE: McMURTRY C.J.O., WEILER AND SHARPE JJ.A. COUNSEL: Roger Batchelor for the appellants James Satin for the respondent HEARD & ENDORSED: November 7, 2003 On appeal from the order of Justice Van Melle of the Superior Court of Justice dated February 6, 2003. APPEAL BOOK ENDORSEMENT [1] We find no error on the part of the motions judge in holding that there is no genuine issue of material fact requiring a trial. [2] The appeal is therefore dismissed with costs fixed in the amount of $3,500.