Bank of Montreal v. Abdel-Messih

Bank of Montreal v. Abdel-Messih

The Court held the motion judge correctly applied the summary judgment test: documentary evidence established the settlement and there was no admissible evidence of alteration or coercion to create a genuine issue for trial; accordingly summary judgment was affirmed and the appeal dismissed.

Source-derived case information.

Citation
C44459
Parties
Plaintiff/respondent: Bank of Montreal; Defendant/appellant: Nabil Yacoub Abdel‑Messih; Defendant/appellant: Nayra Wadie Abdel‑Messih
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
19 May 2006
Procedural Posture
Civil Collection Appeal / Court of Appeal Decision on Appeal From Summary Judgment
Outcome
Appeal dismissed; summary judgment affirmed
Legal Topics
Summary Judgment, Minutes of Settlement, Enforcement, Contract Variation, Costs, Writ of Possession
Source Language
english
Civil Collection Contract Appeal Procedure Summary Judgment Minutes of Settlement Enforcement +3 more

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Parties

Bank of Montreal

Plaintiff/respondent

Nabil Yacoub Abdel‑Messih

Defendant/appellant

Nayra Wadie Abdel‑Messih

Defendant/appellant

Procedural Posture

Civil Collection Appeal / Court of Appeal Decision on Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the motion judge properly applied the summary judgment test and whether the amount found owing was accurate
  2. 2 Whether the minutes of settlement were altered without the appellant's consent
  3. 3 Whether conflicting evidence and credibility issues created a genuine issue for trial

Ratio Decidendi

The Court held the motion judge correctly applied the summary judgment test: documentary evidence established the settlement and there was no admissible evidence of alteration or coercion to create a genuine issue for trial; accordingly summary judgment was affirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; summary judgment affirmed

Orders

  • Appeal dismissed
  • Summary judgment granted in accordance with the Minutes of Settlement