Hasselsjo v. Arcand

Hasselsjo v. Arcand

The motion judge correctly concluded that TD Canada Trust was entitled to terminate its banking relationship with the appellant and that there was no evidence to sustain the appellant's claims for defamation or unjust enrichment; accordingly summary judgment dismissing the claims was properly granted and leave to appeal the costs award was not warranted.

Citation
2019 ONCA 735
Parties
Appellant/plaintiff: Songja Hasselsjo; Respondent/defendant: Dan Arcand; Respondent/defendant: TD Canada Trust
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
19 September 2019
Procedural Posture
Civil Appeal / Decision of Court of Appeal on Appeal From Superior Court Motion Judge (summary Judgment)
Outcome
Appeal dismissed; motion for leave to appeal costs dismissed; summary judgment of the motion judge affirmed.
Legal Topics
Summary Judgment, Termination of Banking Relationship, Defamation, Unjust Enrichment, Leave to Appeal Costs
Source Language
English
Civil Procedure Banking Law Defamation Restitution/unjust Enrichment Costs Summary Judgment Termination of Banking Relationship Unjust Enrichment +1 more

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Parties

Songja Hasselsjo

Appellant/plaintiff

Dan Arcand

Respondent/defendant

TD Canada Trust

Respondent/defendant

Procedural Posture

Civil Appeal / Decision of Court of Appeal on Appeal From Superior Court Motion Judge (summary Judgment)

Legal Issues

  1. 1 Whether TD Canada Trust was entitled to terminate its banking relationship with the appellant
  2. 2 Whether there was evidence to sustain the appellant's claims for defamation and unjust enrichment
  3. 3 Whether leave to appeal the motion judge's costs award should be granted

Ratio Decidendi

The motion judge correctly concluded that TD Canada Trust was entitled to terminate its banking relationship with the appellant and that there was no evidence to sustain the appellant's claims for defamation or unjust enrichment; accordingly summary judgment dismissing the claims was properly granted and leave to appeal the costs award was not warranted.

Court Disposition

Appeal dismissed; motion for leave to appeal costs dismissed; summary judgment of the motion judge affirmed.

Orders

  • Appeal dismissed
  • Motion for leave to appeal costs dismissed