The Bank of Nova Scotia brought a motion for summary judgment against Kurt Mull for the repayment of a loan.
The loan agreement stipulated that the outstanding amount became due upon termination of employment with Scotia Capital Inc. Mull, a former employee, was terminated and failed to repay the loan.
Despite Mull's arguments regarding the nature of the loan, his termination, and alleged damages, he provided no affidavit evidence to counter the Bank's claim.
The court found no genuine issue requiring a trial, as Mull's allegations did not constitute a valid defence to the express terms of the loan agreement.
The motion for summary judgment was granted, entitling the Bank to the outstanding loan amount plus interest.