COURT OF APPEAL FOR ONTARIO
RE:
THE BANK OF NOVA SCOTIA (Respondent) –and- NEKMOHAMMED MANJI also known as NEKMOHAMED MANJI also known as ZAHARA MANJI also known as ZAHARA Y. MANJI also known as ZAHARA Y. WALLI (Appellant)
BEFORE:
LABROSSE, BLAIR and ROULEAU JJ.A.
COUNSEL:
Peter-Paul E. DuVernet
for the appellant
Ron Aisenberg
for the respondent
HEARD & ENDORSED:
February 23, 2006
On appeal from the summary judgment of Justice James H. Clarke of the Superior Court of Justice, dated May 3, 2005 made at Brampton, Ontario.
A P P E A L B O O K E N D O R S E M E N T
1In our view, in the wording of the Rule, it would be unjust, in the circumstances of this case, to decide the issues a motion for summary judgment.
2The appellant ought to be allowed to find out what happened to the monies and if they were repaid, why not to him.
3The summary judgment is set aside.
4Costs set at $2,500.00 to follow the event of the action.