Kakoutis v. Bank of Nova Scotia

Kakoutis v. Bank of Nova Scotia

The motions judge did not err in requiring the parties to waive the prior endorsement and in conducting the summary judgment hearing under Hryniak; having applied the correct legal test and evaluated the evidence, the motions judge correctly concluded there was no genuine issue for trial and that the appellants remained liable for the outstanding amounts, so the appeal is dismissed and costs are awarded to the Bank.

Citation
2015 ONCA 872
Parties
Plaintiff/appellant: Louis Kakoutis; Plaintiff/appellant: Effie Kakoutis; Defendant/respondent: The Bank of Nova Scotia
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
10 December 2015
Procedural Posture
Civil Appeal From Superior Court of Justice / Court of Appeal Decision on Appeal (motion for Summary Judgment Reviewed)
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Default on Credit Facility, Mortgage Default, Access to Justice, Binding Effect of Prior Endorsement, Costs
Source Language
English
Civil Banking Law Procedural Law Appeal Summary Judgment Default on Credit Facility Mortgage Default Access to Justice +2 more

Case Brief

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Parties

Louis Kakoutis

Plaintiff/appellant

Effie Kakoutis

Plaintiff/appellant

The Bank of Nova Scotia

Defendant/respondent

Procedural Posture

Civil Appeal From Superior Court of Justice / Court of Appeal Decision on Appeal (motion for Summary Judgment Reviewed)

Legal Issues

  1. 1 Whether the motions judge erred by treating the prior endorsement of Firestone J. in a manner that denied the appellants procedural rights
  2. 2 Whether the motions judge properly applied the Supreme Court of Canada summary judgment principles in Hryniak v. Maudlin to conclude there was no genuine issue for trial
  3. 3 Whether the appellants remained contractually obligated to repay outstanding amounts following default on the line of credit and resulting mortgage default

Ratio Decidendi

The motions judge did not err in requiring the parties to waive the prior endorsement and in conducting the summary judgment hearing under Hryniak; having applied the correct legal test and evaluated the evidence, the motions judge correctly concluded there was no genuine issue for trial and that the appellants remained liable for the outstanding amounts, so the appeal is dismissed and costs are awarded to the Bank.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs payable to The Bank of Nova Scotia fixed at $10,000 inclusive of disbursements and applicable taxes