COURT OF APPEAL FOR ONTARIO
RE: THE TORONTO-DOMINION BANK (Plaintiff) – and – KIRK RHEAL CHARETTE and GINETTE ANNETTE CHARETTE (Appellants)
BEFORE: ABELLA, MOLDAVER, FELDMAN JJ.A.
COUNSEL: Kirk Charette for himself Martin P. Zarnett for the plaintiff
HEARD AND ENDORSED: June 11, 2003
On appeal from judgment/order of Justice McGarry dated February 4, 2003 made at the Ontario Superior Court of Justice (Trial division) of London, Ontario.
A P P E A L B O O K E N D O R S E M E N T
1There is no basis in the record for interfering with the conclusion of McGarry J. that the bank is entitled to judgment.
2Based on the fresh evidence, admitted on consent, the judgment of McGarry J. is varied by amending the amount in paragraph 1 to $101,941.26 as of March 11, 2003, and ordering that the post-judgment interest run from March 12, 2003.
3The appeal is otherwise dismissed with costs fixed in the total amount of $1,500.00.