State Bank of India (Canada) v. Singh

State Bank of India (Canada) v. Singh

The motion judge correctly found there was no genuine issue for trial and properly granted summary judgment; accordingly the appeal is dismissed and the costs award is upheld and fixed at $5,000 inclusive of disbursements and GST.

Citation
2007 ONCA 15
Parties
Plaintiff/respondent: State Bank of India (Canada); Defendant/appellant: Amarjit Singh
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
15 January 2007
Procedural Posture
Collection / Appeal From Superior Court of Justice (summary Judgment)
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Genuine Issue for Trial, Costs, Partial Indemnity Costs
Source Language
English
Civil Collection Appeal Procedure Summary Judgment Genuine Issue for Trial Costs Partial Indemnity Costs

Case Brief

Summary, issues, holding and outcome

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Parties

State Bank of India (Canada)

Plaintiff/respondent

Amarjit Singh

Defendant/appellant

Procedural Posture

Collection / Appeal From Superior Court of Justice (summary Judgment)

Legal Issues

  1. 1 Whether there was a genuine issue for trial
  2. 2 Whether the motion judge erred in granting summary judgment
  3. 3 Whether the appeal should be dismissed

Ratio Decidendi

The motion judge correctly found there was no genuine issue for trial and properly granted summary judgment; accordingly the appeal is dismissed and the costs award is upheld and fixed at $5,000 inclusive of disbursements and GST.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Summary judgment of the motion judge upheld