Deutsche Bank Ag, Canada Branch v. O'Keefe
There was no error in the trial judge's reasons and the fresh evidence did not raise a defence; the debt was owed and unpaid, therefore the appeal is dismissed.
Source-derived case information.
- Citation
- 2013 ONCA 422
- Parties
- Respondent: Deutsche Bank AG, Canada Branch; Appellant: Lewis O'Keefe
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 20 June 2013
- Procedural Posture
- Collection / Appeal From Superior Court Judgment Dated July 4, 2012
- Outcome
- Appeal dismissed
- Legal Topics
- Loan Repayment, Appeal, Fresh Evidence, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Deutsche Bank AG, Canada Branch
Respondent
Lewis O'Keefe
Appellant
Procedural Posture
Collection / Appeal From Superior Court Judgment Dated July 4, 2012
Legal Issues
- 1 Whether the trial judge erred in finding the debt was owed
- 2 Whether the fresh evidence raises a defence to the action
- 3 Whether the appeal should be allowed
Ratio Decidendi
There was no error in the trial judge's reasons and the fresh evidence did not raise a defence; the debt was owed and unpaid, therefore the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs fixed at $1500 all in.
Full Case Text
Judgment text and source record
1 paragraphs
Deutsche Bank Ag, Canada Branch v. O'Keefe Collection Decisions of the Court of Appeal Date 2013-06-20 Neutral citation 2013 ONCA 422 Docket numbers C55829 Judges Goudge, Stephen Thomas; MacPherson, James C.; Juriansz, Russell G. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Deutsche Bank Ag, Canada Branch v. O'Keefe, 2013 ONCA 422 DATE: 20130619 DOCKET: C55829 Goudge, MacPherson and Juriansz JJ.A. BETWEEN Deutsche Bank AG, Canada Branch Respondent and Lewis O’Keefe Appellant Lewis O’Keefe, appearing in person Eric Mayzel, for the respondent Heard: June 17, 2013 On appeal from the judgment of Justice Paul M. Perell of the Superior Court of Justice, dated July 4, 2012. APPEAL BOOK ENDORSEMENT [1] We see no error in the reasons of Perell J., and nothing in the fresh evidence raises a defence to this action. The money was borrowed and has not been repaid. [2] The appeal is dismissed. Costs fixed at $1500 all in.