Toronto-Dominion Bank v. Piro

The motion judge's denial of an adjournment and grant of summary judgment was upheld because the appellant failed to file any defence materials despite a prior timetable order and presented only a request for time to rearrange his affairs, which did not demonstrate any arguable defence or justify delaying final disposition.

Citation: 2012 ONCA 666
Parties: Plaintiff (respondent): The Toronto Dominion Bank; Defendant (appellant): Angelo Piro; Defendant (appellant): 1316679 Ontario Ltd.
Court: Court of Appeal for Ontario
Jurisdiction: Canada
Judgment Date: 2 October 2012
Procedural Posture: Civil Collection / Appeal From Motion Judge's Decision Granting Summary Judgment and Denying Adjournment
Outcome: Appeal dismissed; motion judge's denial of adjournment and grant of summary judgment upheld; costs awarded to respondent.
Legal Topics: Summary Judgment, Adjournment, Default, Costs
Source Language: English

Civil Procedure Collection Banking Law Enforcement Summary Judgment Adjournment Default Costs

Case Brief

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Parties

The Toronto Dominion Bank

Plaintiff (respondent)

Angelo Piro

Defendant (appellant)

1316679 Ontario Ltd.

Defendant (appellant)

Procedural Posture

Civil Collection / Appeal From Motion Judge's Decision Granting Summary Judgment and Denying Adjournment

Legal Issues

1 Whether the motion judge erred in refusing an adjournment
2 Whether summary judgment was properly granted given absence of defence materials
3 Whether the appellant demonstrated any triable defence or justification for relief

Ratio Decidendi

Court Disposition

Appeal dismissed; motion judge's denial of adjournment and grant of summary judgment upheld; costs awarded to respondent.

Orders

Appeal dismissed.
Summary judgment and denial of adjournment upheld.