COURT OF APPEAL FOR ONTARIO
RE:
SCOTIA MORTGAGE CORPORATION (Plaintiff/ Respondent in Appeal) – and – MOHAMMAD ANWAR AND MASOODA ANWAR (Defendants/Appellants in Appeal)
BEFORE:
LASKIN, ARMSTRONG AND LaFORME JJ.A.
COUNSEL:
Alnaz I. Jiwa
for the appellant
Mitchell Solish
for the respondent
HEARD & ENDORSED:
October 6, 2006
On appeal from the judgment of Justice Gertrude Speigel of the Superior Court of Justice, dated May 2, 2006.
A P P E A L B O O K E N D O R S E M E N T
1We agree with the motion judge’s reasons. There is nothing in writing to support the appellants’ defence. Nor does the appellants’ affidavit material raise a viable issue concerning the bank’s knowledge.
2The appeal is dismissed with costs fixed at $3,000.00, all inclusive.