Toronto-Dominion Bank v. Cliff

Toronto-Dominion Bank v. Cliff

The motion judge correctly determined there was no genuine issue for trial; accordingly the Court of Appeal dismissed the appeal and affirmed the motion judge's decision.

Citation
2007 ONCA 152
Parties
Plaintiff/respondent: THE TORONTO-DOMINION BANK; Defendant/appellant: STEVEN SHELDON CLIFF; Defendant/appellant: ROBIN CHERYL CLIFF
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
9 March 2007
Procedural Posture
Civil Appeal / Appeal From Superior Court Motion Judge's Decision (court of Appeal Disposition)
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, No Genuine Issue for Trial, Costs
Source Language
English
Civil Collection Banking Appeal Summary Judgment No Genuine Issue for Trial Costs

Case Brief

Summary, issues, holding and outcome

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Parties

THE TORONTO-DOMINION BANK

Plaintiff/respondent

STEVEN SHELDON CLIFF

Defendant/appellant

ROBIN CHERYL CLIFF

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Superior Court Motion Judge's Decision (court of Appeal Disposition)

Legal Issues

  1. 1 Whether the motion judge erred in concluding there is no genuine issue for trial.

Ratio Decidendi

The motion judge correctly determined there was no genuine issue for trial; accordingly the Court of Appeal dismissed the appeal and affirmed the motion judge's decision.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs fixed at $4,000.00, all inclusive