COURT OF APPEAL FOR ONTARIO
RE:
THE TORONTO-DOMINION BANK (Plaintiff/Respondent) v. KEITH WILLIAM LINTON and KATHERINE ELIZABETH LINTON also known as KATHERINE BRESSETTE also known as KATHERINE JUKES (Defendants/Appellants)
BEFORE:
McMURTRY C.J.O., BORINS AND FELDMAN JJ.A.
COUNSEL:
T. G. Reczulski
for the appellants
James M. Butson
for the respondent
HEARD & ENDORSED:
JULY 8, 2004
On appeal from the judgment of Justice Weekes dated June 19, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We are of the view that there were genuine issues for trial related to the defences of promissory estoppel and trust.
2The appeal is therefore allowed and the summary judgment is set aside.
3The appellants are entitled to their costs before Weekes J. and in this court in the amount of $14,000.00 inclusive of GST and disbursements.