The Toronto-Dominion Bank brought a motion for summary judgment against the defendants, specifically Jaskaran Singh Bajwa, based on a guarantee agreement.
The court granted summary judgment, finding no genuine issue requiring a trial as the responding defendant filed no material to support pleaded defences.
However, the court limited the plaintiff's cost recovery to partial indemnity costs, despite contractual agreements for elevated costs, due to concerns about "forum shopping" and the lack of discernible connection between the underlying dispute and the London/Middlesex County venue.