Royal Bank of Canada v. Sanders

Royal Bank of Canada v. Sanders

The motion judge did not err in refusing late-filed materials and properly exercised his discretion; the proposed fresh evidence lacked adequate explanation and would not have changed the outcome; accordingly the summary judgment and dismissal of the counterclaim stand and the appeal is dismissed with costs as contracted.

Citation
2018 ONCA 165
Parties
Plaintiff/respondent: Royal Bank of Canada; Defendant/appellant: Guy Joseph Sanders; Defendant/appellant: Gloria Sanders
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
16 February 2018
Procedural Posture
Collection / Appeal From Motion Judge's Summary Judgment Order
Outcome
Appeal dismissed.
Legal Topics
Summary Judgment, Fresh Evidence, Costs, Late Filed Materials, Leave to Adduce Fresh Evidence, Dismissal of Counterclaim
Source Language
English
Civil Collection Civil Procedure Summary Judgment Fresh Evidence Costs Late Filed Materials Leave to Adduce Fresh Evidence +1 more

Case Brief

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Parties

Royal Bank of Canada

Plaintiff/respondent

Guy Joseph Sanders

Defendant/appellant

Gloria Sanders

Defendant/appellant

Procedural Posture

Collection / Appeal From Motion Judge's Summary Judgment Order

Legal Issues

  1. 1 Whether the motion judge erred in refusing to accept late-filed materials for a summary judgment motion
  2. 2 Whether leave should be granted to adduce fresh evidence on appeal
  3. 3 Whether the costs award under the loan agreement justified a substantial indemnity award

Ratio Decidendi

The motion judge did not err in refusing late-filed materials and properly exercised his discretion; the proposed fresh evidence lacked adequate explanation and would not have changed the outcome; accordingly the summary judgment and dismissal of the counterclaim stand and the appeal is dismissed with costs as contracted.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed
  • Motion for leave to adduce fresh evidence denied