Bank of Nova Scotia v. Reed

Bank of Nova Scotia v. Reed

Appeal dismissed: summary judgment was properly granted because the appellant had access to and relied on the relevant documents and undertakings; the appellant's ongoing acknowledgements and payments restarted the limitation period under s.13 of the Limitations Act; the appellant was not a "consumer" under the CPA because the credit was for farming operations; the FDMA stay does not extend to an appeal brought by the debtor, but enforcement provisions of the underlying judgment are stayed pending mediation.

Citation
2025 ONCA 445
Parties
Plaintiff (respondent): The Bank of Nova Scotia; Respondent (appellant): Kenneth Reed
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
19 June 2025
Procedural Posture
Collection / Appeal
Outcome
Appeal dismissed, subject to a limited stay of enforcement provisions under the Farm Debt Mediation Act
Legal Topics
Summary Judgment, Limitation Periods, Consumer Protection Act Application, Farm Debt Mediation, Security Enforcement, Costs
Source Language
English
Civil Collection Commercial Law Consumer Protection Agricultural Law Summary Judgment Limitation Periods Consumer Protection Act Application +3 more

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Parties

The Bank of Nova Scotia

Plaintiff (respondent)

Kenneth Reed

Respondent (appellant)

Procedural Posture

Collection / Appeal

Legal Issues

  1. 1 Was summary judgment appropriate?
  2. 2 Did the Consumer Protection Act, 2002 apply?
  3. 3 Did the Farm Debt Mediation Act stay apply to this appeal?

Ratio Decidendi

Appeal dismissed: summary judgment was properly granted because the appellant had access to and relied on the relevant documents and undertakings; the appellant's ongoing acknowledgements and payments restarted the limitation period under s.13 of the Limitations Act; the appellant was not a "consumer" under the CPA because the credit was for farming operations; the FDMA stay does not extend to an appeal brought by the debtor, but enforcement provisions of the underlying judgment are stayed pending mediation.

Court Disposition

Appeal dismissed, subject to a limited stay of enforcement provisions under the Farm Debt Mediation Act

Orders

  • Appeal dismissed
  • Enforcement provisions of the judgment (paragraphs 3 through 6 of the motion judge's order) stayed pending outcome of FDMA mediation or termination of the stay by the FDMA administrator