B2B Bank v. Hails

B2B Bank v. Hails

The Court dismissed the motion to admit fresh evidence because the materials were available at the time of the summary judgment motion and were irrelevant; the appellant failed to show any arguable defence or counterclaim and therefore leave to amend or to file a counterclaim was properly refused; accordingly the appeal is dismissed and costs awarded to the respondent.

Citation
2018 ONCA 380
Parties
Plaintiff (respondent): B2B Bank; Defendant (appellant): Darrell George Hails
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
18 April 2018
Procedural Posture
Collection / Appeal From Summary Judgment
Outcome
Appeal dismissed; motion to admit fresh evidence dismissed; leave to amend and to file a counterclaim not granted; costs awarded to respondent.
Legal Topics
Summary Judgment, Possession, Fresh Evidence on Appeal, Leave to Amend Pleadings, Counterclaim, Costs, Eviction, Mortgage Redemption
Source Language
English
Civil Property Mortgage Appeal Enforcement Summary Judgment Possession Fresh Evidence on Appeal +5 more

Case Brief

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Parties

B2B Bank

Plaintiff (respondent)

Darrell George Hails

Defendant (appellant)

Procedural Posture

Collection / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether fresh evidence should be admitted on appeal
  2. 2 Whether the motion judge erred in refusing leave to amend the statement of defence
  3. 3 Whether the motion judge erred in refusing leave to file a counterclaim

Ratio Decidendi

The Court dismissed the motion to admit fresh evidence because the materials were available at the time of the summary judgment motion and were irrelevant; the appellant failed to show any arguable defence or counterclaim and therefore leave to amend or to file a counterclaim was properly refused; accordingly the appeal is dismissed and costs awarded to the respondent.

Court Disposition

Appeal dismissed; motion to admit fresh evidence dismissed; leave to amend and to file a counterclaim not granted; costs awarded to respondent.

Orders

  • Appeal dismissed
  • Motion to admit fresh evidence dismissed