Royal Bank of Canada v. King

Royal Bank of Canada v. King

The appeal was dismissed because the appellant did not establish payment: the instrument he presented was dishonoured, the Bank’s temporary credit did not discharge the debt, and the Canadian Payments Association Rules do not assist the debtor; therefore no genuine issue for trial existed and summary judgment was proper.

Citation
2013 ONCA 524
Parties
Plaintiff (respondent): Royal Bank of Canada; Defendant (appellant): Leslie King
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
23 August 2013
Procedural Posture
Collection / Appeal From Summary Judgment (court of Appeal)
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Payment, Dishonoured Instrument, Canadian Payments Association Rules
Source Language
English
Civil Collection Banking Law Procedure Summary Judgment Payment Dishonoured Instrument Canadian Payments Association Rules

Case Brief

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Parties

Royal Bank of Canada

Plaintiff (respondent)

Leslie King

Defendant (appellant)

Procedural Posture

Collection / Appeal From Summary Judgment (court of Appeal)

Legal Issues

  1. 1 Whether appellant established a genuine issue for trial
  2. 2 Whether presentation of an instrument that was dishonoured constitutes payment
  3. 3 Whether a bank's temporary mistaken credit discharges a debtor

Ratio Decidendi

The appeal was dismissed because the appellant did not establish payment: the instrument he presented was dishonoured, the Bank’s temporary credit did not discharge the debt, and the Canadian Payments Association Rules do not assist the debtor; therefore no genuine issue for trial existed and summary judgment was proper.

Court Disposition

Appeal dismissed

Orders

  • Respondent entitled to costs of the appeal and of the stay motion fixed in the total amount of $10,000 including disbursements and GST