Royal Bank of Canada v. Francoeur

Royal Bank of Canada v. Francoeur

The appellant advanced no legally tenable defence; the bank's affidavit and business records were admissible under s.35 of the Evidence Act; therefore the motion judge correctly granted summary judgments and the appeal is dismissed.

Citation
2023 ONCA 837
Parties
Plaintiff (respondent): Royal Bank of Canada; Defendant (appellant): Albert Peter James Francoeur
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
15 December 2023
Procedural Posture
Collection (civil Appeal) / Appeal From Summary Judgments in Superior Court
Outcome
Appeal dismissed; summary judgments affirmed.
Legal Topics
Summary Judgment, Mortgage Enforcement, Lines of Credit, Credit Card Debt, Business Records Admissibility, Pseudolegal/opca Defenses
Source Language
English
Civil Collection Contract Property Law Evidence Summary Judgment Mortgage Enforcement Lines of Credit +3 more

Case Brief

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Parties

Royal Bank of Canada

Plaintiff (respondent)

Albert Peter James Francoeur

Defendant (appellant)

Procedural Posture

Collection (civil Appeal) / Appeal From Summary Judgments in Superior Court

Legal Issues

  1. 1 Whether the appellant raised any legally tenable defence to the bank's claims on mortgages, charges, lines of credit and a credit card
  2. 2 Whether the bank's business records and affidavit evidence were admissible under s.35 of the Evidence Act
  3. 3 Whether the appellant's pseudolegal arguments concerning returning his birth certificate and transferring legal responsibilities to the Crown negate liability

Ratio Decidendi

The appellant advanced no legally tenable defence; the bank's affidavit and business records were admissible under s.35 of the Evidence Act; therefore the motion judge correctly granted summary judgments and the appeal is dismissed.

Court Disposition

Appeal dismissed; summary judgments affirmed.

Orders

  • Summary judgments granted by the motion judge are affirmed.
  • The respondent is awarded costs of the appeal fixed in the amount of $9,7712.35, inclusive of disbursements and HST, on a full indemnity basis as provided for in the debt agreements.