Canadian Imperial Bank of Commerce v. Sutherland

Canadian Imperial Bank of Commerce v. Sutherland

The motion judge properly granted summary judgment because the appellant did not dispute the existence of the debts or the calculation of amounts owing and, given the earlier striking of pleadings, there was no live defence or genuine issue requiring a trial; the appellant's arguments about the mortgage assignment did not create a triable issue.

Citation
2022 ONCA 426
Parties
Plaintiff (respondent): Canadian Imperial Bank of Commerce; Defendant (appellant): Stephen B. Sutherland
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
30 May 2022
Procedural Posture
Collection / Appeal From Grant of Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Striking Pleadings, Assignment of Mortgage, Enforcement of Security
Source Language
English
Civil Procedure Collections Mortgage Law Summary Judgment Striking Pleadings Assignment of Mortgage Enforcement of Security

Case Brief

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Parties

Canadian Imperial Bank of Commerce

Plaintiff (respondent)

Stephen B. Sutherland

Defendant (appellant)

Procedural Posture

Collection / Appeal From Grant of Summary Judgment

Legal Issues

  1. 1 Whether there is a genuine issue requiring a trial on debt owed under two credit cards and a personal line of credit
  2. 2 Whether the appellant's mortgage-related allegations and counterclaim, struck below, create a live defence to the collection claim
  3. 3 Whether the respondent was obliged to enforce its mortgage rather than assign it and whether that affects the debtor's liability

Ratio Decidendi

The motion judge properly granted summary judgment because the appellant did not dispute the existence of the debts or the calculation of amounts owing and, given the earlier striking of pleadings, there was no live defence or genuine issue requiring a trial; the appellant's arguments about the mortgage assignment did not create a triable issue.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Summary judgment granted in favour of the respondent by the motion judge is affirmed