Royal Bank of Canada v. Hoonjan

The appeal is dismissed because the appellant knew the facts underpinning the counterclaim from the beginning so legal advice did not make them undiscoverable, and no factual basis existed to establish a genuine issue for trial on an alleged fiduciary duty.

Citation: C45111
Parties: Plaintiff (respondent): Royal Bank of Canada; Defendant (appellant): Jatinder Hoonjan
Court: Court of Appeal for Ontario
Jurisdiction: Canada
Judgment Date: 13 September 2006
Procedural Posture: Collection / Appeal From Summary Judgment Dismissing Counterclaim
Outcome: Appeal dismissed
Legal Topics: Summary Judgment, Counterclaim, Discoverability, Costs, Security for Costs, Appeal
Source Language: English

Civil Collection Fiduciary Duty Summary Judgment Counterclaim Discoverability Costs Security for Costs +1 more

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Parties

Royal Bank of Canada

Plaintiff (respondent)

Jatinder Hoonjan

Defendant (appellant)

Procedural Posture

Collection / Appeal From Summary Judgment Dismissing Counterclaim

Legal Issues

1 Whether the summary judgment dismissing the appellant's counterclaim was properly granted
2 Whether the facts underlying the counterclaim were discoverable or rendered undiscoverable by obtaining legal advice
3 Whether the appellant established a genuine issue for trial that a fiduciary duty was owed to her

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed
Costs fixed at $4000 to be paid out of the funds in court for security for costs to the respondent