Toronto-Dominion Bank v. 466888 Ontario Limited
The motion judge correctly found that the respondent satisfied the onus in the collection proceeding and that the appellants advanced no affirmative defence; there was no basis to interfere on appeal, so the appeal was dismissed and costs awarded.
Source-derived case information.
- Citation
- 2011 ONCA 149
- Parties
- Respondent: The Toronto-Dominion Bank; Appellant: 466888 Ontario Limited; Appellant: 1246787 Ontario Inc.; Appellant: James John Maga; Appellant: Katherine Marie Maga; Appellant: David Joseph Maga
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 28 February 2011
- Procedural Posture
- Collection / Appeal From Superior Court Motion Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Onus of Proof, Affirmative Defence, Summary Judgment/motion Practice, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Toronto-Dominion Bank
Respondent
466888 Ontario Limited
Appellant
1246787 Ontario Inc.
Appellant
James John Maga
Appellant
Katherine Marie Maga
Appellant
David Joseph Maga
Appellant
Procedural Posture
Collection / Appeal From Superior Court Motion Judgment
Legal Issues
- 1 Whether the respondent satisfied the onus in the collection proceeding
- 2 Whether the appellants advanced an affirmative defence sufficient to resist the claim
- 3 Whether the motion judge's findings should be disturbed on appeal
Ratio Decidendi
The motion judge correctly found that the respondent satisfied the onus in the collection proceeding and that the appellants advanced no affirmative defence; there was no basis to interfere on appeal, so the appeal was dismissed and costs awarded.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to respondent as agreed in the amount of $7,500
Full Case Text
Judgment text and source record
1 paragraphs
Toronto-Dominion Bank v. 466888 Ontario Limited Collection Decisions of the Court of Appeal Date 2011-02-28 Neutral citation 2011 ONCA 149 Docket numbers C52492 Judges Winkler, Warren Keith; Rosenberg, Marc; Goudge, Stephen Thomas Subject Civil Decision Content CITATION: Toronto-Dominion Bank v. 466888 Ontario Limited, 2011 ONCA 149 DATE: 20110225 DOCKET: C52492 COURT OF APPEAL FOR ONTARIO Winkler C.J.O., Rosenberg & Goudge JJA BETWEEN The Toronto-Dominion Bank Plaintiff (Respondent) and 466888 Ontario Limited, 1246787 Ontario Inc., James John Maga, Katherine Marie Maga and David Joseph Maga Defendants (Appellants) J. Sebastian Winny, for the appellants Michael R. Kestenberg, for the respondent Heard: February 24, 2011 On appeal from the judgment of Justice Thomas R. Lederer of the Superior Court of Justice dated July 2, 2010, with reasons reported at 2010 ONSC 3798. APPEAL BOOK ENDORSEMENT [1] The motion judge was fully aware of where the onus rested in the proceeding before him. He found that the respondent had entirely satisfied that onus and that the appellant had put forward nothing to advance an affirmative defence. We agree with that decision. Appeal dismissed. [2] Costs as agreed $7,500 all in to the respondent.