Crawford v. Bank of Montreal

Crawford v. Bank of Montreal

The appeal was dismissed because the loan documentation and the appellant’s admissions established there was no genuine issue for trial as to the Bank of Montreal, making summary disposition appropriate and supporting the dismissal below.

Source-derived case information.

Citation
2009 ONCA 98
Parties
Defendant (appellant): Anthony Crawford also known as Tony Crawford; Respondent (plaintiff): Bank of Montreal; Plaintiff by Counterclaim (appellant): Anthony Crawford also known as Tony Crawford; Defendant by Counterclaim (respondent): Bank of Montreal; Defendant by Counterclaim (respondent): Avalon Securities Corp.; Defendant by Counterclaim (respondent): Michael Perris; Defendant by Counterclaim (respondent): Mikary Investments Ltd.; Defendant by Counterclaim (respondent): Gordon E. Glenn; Defendant by Counterclaim (respondent): John M. Graydon; Defendant by Counterclaim (respondent): William Wright; Defendant by Counterclaim (respondent): Donald Ivey; Defendant by Counterclaim (respondent): Robert Pell; Defendant by Counterclaim (respondent): Douglas Ferguson
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
2 February 2009
Procedural Posture
Civil Appeal / Appeal From Superior Court Order
Outcome
Appeal dismissed
Legal Topics
Loan Documentation, Summary Judgment, Failure to Read Contract, Genuine Issue for Trial
Source Language
english
Contract Civil Procedure Banking and Finance Loan Documentation Summary Judgment Failure to Read Contract Genuine Issue for Trial

Source-derived case record

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Parties

Anthony Crawford also known as Tony Crawford

Defendant (appellant)

Bank of Montreal

Respondent (plaintiff)

Anthony Crawford also known as Tony Crawford

Plaintiff by Counterclaim (appellant)

Bank of Montreal

Defendant by Counterclaim (respondent)

Avalon Securities Corp.

Defendant by Counterclaim (respondent)

Michael Perris

Defendant by Counterclaim (respondent)

Mikary Investments Ltd.

Defendant by Counterclaim (respondent)

Gordon E. Glenn

Defendant by Counterclaim (respondent)

John M. Graydon

Defendant by Counterclaim (respondent)

William Wright

Defendant by Counterclaim (respondent)

Donald Ivey

Defendant by Counterclaim (respondent)

Robert Pell

Defendant by Counterclaim (respondent)

Douglas Ferguson

Defendant by Counterclaim (respondent)

Procedural Posture

Civil Appeal / Appeal From Superior Court Order

  1. 1 Whether there was a genuine issue for trial regarding the Bank of Montreal
  2. 2 Whether the appellant's admitted failure to read the loan documentation defeats his defence
  3. 3 Whether summary disposition was appropriate and the proper costs order

Ratio Decidendi

The appeal was dismissed because the loan documentation and the appellant’s admissions established there was no genuine issue for trial as to the Bank of Montreal, making summary disposition appropriate and supporting the dismissal below.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to respondent fixed at $6,000 inclusive