Royal Bank of Canada c. Poulin

Royal Bank of Canada c. Poulin

The appeal is dismissed because the appellant failed to file evidence or attend the summary judgment motion, the respondent's affidavits established the debt and the appellant's responsibility, the hearing before a bilingual judge satisfied language-rights concerns, and any payments by the co-debtor will be credited against the judgment; costs are awarded to the respondent.

Citation
2018 ONCA 155
Parties
Respondent (plaintiff): Royal Bank of Canada; Appellant (defendant): Maryse Poulin
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
15 February 2018
Procedural Posture
Collection / Appeal From Summary Judgment (motion Judge)
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Language Rights, Bad Faith Allegations, Credit for Co Debtor Payments, Costs
Source Language
French
Civil Collection Appeal Summary Judgment Language Rights Bad Faith Allegations Credit for Co Debtor Payments Costs

Case Brief

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Parties

Royal Bank of Canada

Respondent (plaintiff)

Maryse Poulin

Appellant (defendant)

Procedural Posture

Collection / Appeal From Summary Judgment (motion Judge)

Legal Issues

  1. 1 Whether summary judgment was properly granted
  2. 2 Whether the appellant's language rights were violated
  3. 3 Whether the respondent acted in bad faith in the collection process

Ratio Decidendi

The appeal is dismissed because the appellant failed to file evidence or attend the summary judgment motion, the respondent's affidavits established the debt and the appellant's responsibility, the hearing before a bilingual judge satisfied language-rights concerns, and any payments by the co-debtor will be credited against the judgment; costs are awarded to the respondent.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Judgment for respondent in the amount of $50,597.16