The appellant appealed a summary judgment ordering him to pay approximately $500,000 and deliver possession of his property to the respondent bank.
The bank had demanded payment on a secured line of credit after the Canada Revenue Agency registered a lien against the property without the bank's consent, which violated the loan contract.
The Court of Appeal dismissed the appeal, finding that the appellant's allegations of identity fraud did not alter the fact that the contract was breached by the CRA lien.
The court also upheld the dismissal of the appellant's counterclaim and the award of substantial indemnity costs.
