Royal Bank of Canada v. Hejna

Royal Bank of Canada v. Hejna

The appeal was dismissed because the motion judge applied the Combined Air full appreciation test reasonably, the appellant unreasonably delayed seeking production (waiting over six years and only moving days before the hearing), Hryniak limits appellate interference with such factual/mixed findings, and the record supported findings of fraud so the judgment stands and survives bankruptcy discharge.

Citation
2014 ONCA 306
Parties
Respondent/plaintiff: Royal Bank of Canada; Appellant/defendant: Roland Hejna
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
22 April 2014
Procedural Posture
Collection (civil) / Appeal From Summary Judgment (court of Appeal)
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Production/discovery, Fraud Exception to Bankruptcy Discharge, Cheque Kiting, Costs
Source Language
English
Civil Banking Bankruptcy Fraud Civil Procedure Appeal Summary Judgment Production/discovery +3 more

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Parties

Royal Bank of Canada

Respondent/plaintiff

Roland Hejna

Appellant/defendant

Procedural Posture

Collection (civil) / Appeal From Summary Judgment (court of Appeal)

Legal Issues

  1. 1 Whether summary judgment was appropriate on the record
  2. 2 Whether the appellant received adequate production to defend and establish lack of intent
  3. 3 Whether the findings of fraud were supported and survive bankruptcy discharge

Ratio Decidendi

The appeal was dismissed because the motion judge applied the Combined Air full appreciation test reasonably, the appellant unreasonably delayed seeking production (waiting over six years and only moving days before the hearing), Hryniak limits appellate interference with such factual/mixed findings, and the record supported findings of fraud so the judgment stands and survives bankruptcy discharge.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Summary judgment in favour of Royal Bank of Canada against Roland Hejna for approximately $6,000,000; judgment declared to be in fraud and to survive Mr. Hejna's discharge from bankruptcy