Canadian Imperial Bank of Commerce v. Block

Canadian Imperial Bank of Commerce v. Block

Summary judgment was properly granted because the Bank provided full documentary disclosure prior to the motion and the appellant conceded that judgment was proper; the appellant's complaint about failure to attend cross-examinations was rendered irrelevant by the subsequent disclosure and the court properly exercised its discretion in relation to costs and prejudgment interest (limiting interest to date of demand and denying the Bank costs at trial), therefore the appeal was dismissed and the Bank awarded costs of the appeal.

Citation
C40547
Parties
Plaintiff/respondent: Canadian Imperial Bank of Commerce; Defendant/appellant: Gloria Block
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
8 April 2004
Procedural Posture
Simplified Procedure Collection (civil) / Appeal From Summary Judgment
Outcome
Appeal dismissed; summary judgment for the respondent affirmed.
Legal Topics
Summary Judgment, Documentary Disclosure, Simplified Procedure, Costs and Sanctions, Prejudgment Interest
Source Language
English
Civil Civil Procedure Collection Costs Summary Judgment Documentary Disclosure Simplified Procedure Costs and Sanctions +1 more

Case Brief

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Parties

Canadian Imperial Bank of Commerce

Plaintiff/respondent

Gloria Block

Defendant/appellant

Procedural Posture

Simplified Procedure Collection (civil) / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether summary judgment was properly granted
  2. 2 Whether the bank's failure to attend cross-examinations and late documentary disclosure should preclude reliance on the amended affidavit of documents or warrant dismissal
  3. 3 Whether costs or other sanctions should be awarded for non-compliance with disclosure obligations

Ratio Decidendi

Summary judgment was properly granted because the Bank provided full documentary disclosure prior to the motion and the appellant conceded that judgment was proper; the appellant's complaint about failure to attend cross-examinations was rendered irrelevant by the subsequent disclosure and the court properly exercised its discretion in relation to costs and prejudgment interest (limiting interest to date of demand and denying the Bank costs at trial), therefore the appeal was dismissed and the Bank awarded costs of the appeal.

Court Disposition

Appeal dismissed; summary judgment for the respondent affirmed.

Orders

  • Appeal dismissed
  • Summary judgment for the respondent in the amount of 32796.01 affirmed