Toronto-Dominion Bank v. Skill

The Court found no error in the trial judge's reasons, applied the appropriate standard of appellate review, dismissed the appeal, and awarded costs to the respondent.

Citation: 2012 ONCA 132
Parties: Plaintiff; Defendant by Counterclaim; Respondent: The Toronto-Dominion Bank; Defendant; Plaintiff by Counterclaim; Appellant: Frank Skill (also known as Frank Henry Herbert Skill)
Court: Court of Appeal for Ontario
Jurisdiction: Canada
Judgment Date: 27 February 2012
Procedural Posture: Civil / Appeal From Summary Judgment
Outcome: Appeal dismissed
Legal Topics: Summary Judgment, Costs, Appeal
Source Language: English

Civil Summary Judgment Costs Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Party arguments 2 Amounts and remedies 1

Parties

The Toronto-Dominion Bank

Plaintiff; Defendant by Counterclaim; Respondent

Frank Skill (also known as Frank Henry Herbert Skill)

Defendant; Plaintiff by Counterclaim; Appellant

Procedural Posture

Civil / Appeal From Summary Judgment

Legal Issues

1 Whether the summary judgment and reasons of the trial judge contained errors warranting appellate intervention
2 Whether the appeal court should disturb the summary judgment
3 Appropriate costs award

Ratio Decidendi

The Court found no error in the trial judge's reasons, applied the appropriate standard of appellate review, dismissed the appeal, and awarded costs to the respondent.

Court Disposition

Appeal dismissed

Orders

Appeal dismissed
Costs awarded to respondent in the amount of $5,000 all inclusive