Toronto-Dominion Bank v. Di Iorio

Toronto-Dominion Bank v. Di Iorio

The purported 'Bill-Consumer Purchases' had no commercial value and were not legal tender or lawful means to discharge the debts; therefore the summary judgment awarding the bank the amounts owing was correctly entered and must be affirmed.

Citation
2011 ONCA 792
Parties
Plaintiff (respondent): The Toronto-Dominion Bank; Defendants (appellants): Elio David Di Iorio and Sandra Kathleen Di Iorio, also known as Sandra Kathleen Cunningham
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
14 December 2011
Procedural Posture
Civil Collection / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Legal Tender, Mortgage, Line of Credit, Credit Card Debt, Costs
Source Language
English
Civil Debt Collection Banking Summary Judgment Legal Tender Mortgage Line of Credit Credit Card Debt +1 more

Case Brief

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Parties

The Toronto-Dominion Bank

Plaintiff (respondent)

Elio David Di Iorio and Sandra Kathleen Di Iorio, also known as Sandra Kathleen Cunningham

Defendants (appellants)

Procedural Posture

Civil Collection / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether appellants' 'Bill-Consumer Purchases' constituted legal tender or otherwise discharged their debts
  2. 2 Whether summary judgment was properly granted in favour of the bank

Ratio Decidendi

The purported 'Bill-Consumer Purchases' had no commercial value and were not legal tender or lawful means to discharge the debts; therefore the summary judgment awarding the bank the amounts owing was correctly entered and must be affirmed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Summary judgment dated June 2, 2011 in favour of the respondent affirmed