CITATION: Toronto-Dominion Bank v. Cliff, 2007 ONCA 152

DATE: 20070308

DOCKET: C46252

COURT OF APPEAL FOR ONTARIO

RE:

THE TORONTO-DOMINION BANK (Plaintiff/Respondent) – and – STEVEN SHELDON CLIFF and ROBIN CHERYL CLIFF (Defendants/Appellants)

BEFORE:

LASKIN, FELDMAN and ROULEAU JJ.A.

COUNSEL:

Paul J. Osier

for the appellants

Tony Van Klink

for the respondent

HEARD & ENDORSED:

March 8, 2007

On appeal from the judgment of Justice Wolfram Tausendfreund of the Superior Court of Justice dated November 1, 2006.

A P P E A L B O O K E N D O R S E M E N T

[1] The motion judge did not err in concluding that there is no genuine issue for trial.

[2] Accordingly, the appeal is dismissed with costs fixed at $4,000.00, all inclusive.