Royal Bank of Canada v. Azkia

Royal Bank of Canada v. Azkia

The motion judge did not err in concluding there was no genuine issue for trial because the appellants failed to produce credible, quantifiable evidence of damages from the CPLs or steps taken to mitigate or set aside them; the proposed new evidence was inadmissible on appeal; accordingly the summary judgments, dismissal of the counterclaim and related orders were upheld and the appeal dismissed.

Citation
2021 ONCA 89
Parties
Plaintiff/defendant to Counterclaim (respondent): Royal Bank of Canada; Defendants/plaintiffs by Counterclaim (appellants): Baharak Azkia; Defendants/plaintiffs by Counterclaim (appellants): Diana Nekonam and Nader Zanddizari also known as Nader Zand
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
12 February 2021
Procedural Posture
Collection / Appeal From Summary Judgment
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Counterclaim, Certificate of Pending Litigation, Equitable Set Off, Vacating Cpls, New Evidence on Appeal, Costs
Source Language
English
Civil Collection Property Equity Summary Judgment Counterclaim Certificate of Pending Litigation Equitable Set Off +3 more

Case Brief

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Parties

Royal Bank of Canada

Plaintiff/defendant to Counterclaim (respondent)

Baharak Azkia

Defendants/plaintiffs by Counterclaim (appellants)

Diana Nekonam and Nader Zanddizari also known as Nader Zand

Defendants/plaintiffs by Counterclaim (appellants)

Procedural Posture

Collection / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether there was a genuine issue requiring trial on the appellants' counterclaim for damages arising from CPLs
  2. 2 Whether a stay of execution of summary judgments should be ordered pending resolution of the counterclaim
  3. 3 Whether proposed new evidence should be admitted on appeal

Ratio Decidendi

The motion judge did not err in concluding there was no genuine issue for trial because the appellants failed to produce credible, quantifiable evidence of damages from the CPLs or steps taken to mitigate or set aside them; the proposed new evidence was inadmissible on appeal; accordingly the summary judgments, dismissal of the counterclaim and related orders were upheld and the appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • summary judgment granted in favour of Royal Bank of Canada in three actions
  • appellants' counterclaim dismissed