The Bank of Nova Scotia v. Manji
The Court held that, given the wording of the Rules and the circumstances, it would be unjust to decide the issues on a summary judgment motion and therefore set aside the summary judgment to allow the appellant to investigate the disposition of the monies.
Source-derived case information.
- Citation
- C44083
- Parties
- Respondent: The Bank of Nova Scotia; Appellant: Nekmohammed Manji a.k.a. Nekmohamed Manji a.k.a. Zahara Manji a.k.a. Zahara Y. Manji a.k.a. Zahara Y. Walli
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 7 March 2006
- Procedural Posture
- Civil Appeal / Appeal From Summary Judgment
- Outcome
- Summary judgment set aside; appeal allowed to the extent of setting aside the summary judgment
- Legal Topics
- Summary Judgment, Discovery, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Bank of Nova Scotia
Respondent
Nekmohammed Manji a.k.a. Nekmohamed Manji a.k.a. Zahara Manji a.k.a. Zahara Y. Manji a.k.a. Zahara Y. Walli
Appellant
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Legal Issues
- 1 Whether it would be just to decide the issues on a motion for summary judgment
- 2 Whether the appellant is entitled to find out what happened to the monies and whether they were repaid to him
- 3 Whether the summary judgment should be set aside
Ratio Decidendi
The Court held that, given the wording of the Rules and the circumstances, it would be unjust to decide the issues on a summary judgment motion and therefore set aside the summary judgment to allow the appellant to investigate the disposition of the monies.
Court Disposition
Summary judgment set aside; appeal allowed to the extent of setting aside the summary judgment
Orders
- Summary judgment set aside.
- Costs ordered in the amount of $2,500.00 to follow the event of the action.
Full Case Text
Judgment text and source record
1 paragraphs
The Bank of Nova Scotia v. Manji Collection Decisions of the Court of Appeal Date 2006-03-07 Docket numbers C44083 Judges Labrosse, Jean-Marc; Blair, Robert Ashley; Rouleau, Paul S. Subject Civil Decision Content DATE: 20050223 DOCKET: C44083 COURT OF APPEAL FOR ONTARIO RE: THE BANK OF NOVA SCOTIA (Respondent) –and- NEKMOHAMMED MANJI also known as NEKMOHAMED MANJI also known as ZAHARA MANJI also known as ZAHARA Y. MANJI also known as ZAHARA Y. WALLI (Appellant) BEFORE: LABROSSE, BLAIR and ROULEAU JJ.A. COUNSEL: Peter-Paul E. DuVernet for the appellant Ron Aisenberg for the respondent HEARD & ENDORSED: February 23, 2006 On appeal from the summary judgment of Justice James H. Clarke of the Superior Court of Justice, dated May 3, 2005 made at Brampton, Ontario. APPEAL BOOK ENDORSEMENT [1] In our view, in the wording of the Rule, it would be unjust, in the circumstances of this case, to decide the issues a motion for summary judgment. [2] The appellant ought to be allowed to find out what happened to the monies and if they were repaid, why not to him. [3] The summary judgment is set aside. [4] Costs set at $2,500.00 to follow the event of the action.