Auciello v. Canadian Imperial Bank of Commerce (CIBC)
The pleadings did not disclose a reasonable cause of action and the motion judge did not err in striking them; the appeal is dismissed.
Source-derived case information.
- Citation
- 2015 ONCA 178
- Parties
- Appellant: Vito Auciello; Respondent: Canadian Imperial Bank of Commerce (CIBC); Respondent: CIBC Mortgages Inc.; Respondent: Home Loans Canada (HLC); Respondent: Home Trust Company; Respondent: Sun Life Assurance Company of Canada
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 16 March 2015
- Procedural Posture
- Collection / Appeal From Order Striking Pleadings (motion Judge: Sidney N. Lederman)
- Outcome
- Appeal dismissed
- Legal Topics
- Strike Pleadings, Reasonable Cause of Action, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vito Auciello
Appellant
Canadian Imperial Bank of Commerce (CIBC)
Respondent
CIBC Mortgages Inc.
Respondent
Home Loans Canada (HLC)
Respondent
Home Trust Company
Respondent
Sun Life Assurance Company of Canada
Respondent
Procedural Posture
Collection / Appeal From Order Striking Pleadings (motion Judge: Sidney N. Lederman)
Legal Issues
- 1 Whether the pleadings disclosed a reasonable cause of action
- 2 Whether the motion judge erred in striking the pleadings
- 3 Whether respondents are entitled to costs
Ratio Decidendi
The pleadings did not disclose a reasonable cause of action and the motion judge did not err in striking them; the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Pleadings struck against CIBC for failing to disclose a reasonable cause of action
Full Case Text
Judgment text and source record
1 paragraphs
Auciello v. Canadian Imperial Bank of Commerce (CIBC) Collection Decisions of the Court of Appeal Date 2015-03-16 Neutral citation 2015 ONCA 178 Docket numbers C56266 Judges Epstein, Gloria Jean; Pepall, Sarah E.; Benotto, Mary Lou Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Auciello v. Canadian Imperial Bank of Commerce (CIBC), 2015 ONCA 178 DATE: 20150316 DOCKET: C56266 Epstein, Pepall and Benotto JJ.A. BETWEEN Vito Auciello Appellant and Canadian Imperial Bank of Canada (CIBC), CIBC Mortgages Inc., Home Loans Canada (HLC), Home Trust Company and Sun Life Assurance Company of Canada Respondents Vito Auciello, acting in person Ron Aisenberg, for the respondents Heard: March 13, 2015 On appeal from the order of Justice Sidney N. Lederman of the Superior Court of Justice, dated October 9, 2012. APPEAL BOOK ENDORSEMENT [1] We see no error in the motion judge’s decision to strike the pleadings against CIBC on the basis that they fail to disclose a reasonable cause of action. [2] The appeal is therefore dismissed. [3] The respondents are entitled to their costs fixed at $2,000, inclusive of disbursements and taxes.