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
Source-derived case record
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether there was a genuine issue for trial regarding the Bank of Montreal
- 2 Whether the appellant's admitted failure to read the loan documentation defeats his defence
- 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
Full Case Text
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