COURT OF APPEAL FOR ONTARIO
Winkler C.J.O., Goudge and Simmons JJ.A.
BETWEEN:
Boguslaw J. Bukin and Danuta Bukin
Moving Party
and
The Toronto Dominion Bank
Responding Party
Danuta Bukin and Boguslaw Bukin, acting in person
Dennis Touesnard, for the respondent party
Heard and released orally: March 2, 2009
Motion to review the order of Sharpe J.A. December 18, 2008.
ENDORSEMENT
1The trial judge did not accept the evidence of the moving parties. Although the trial judge's reasons are cursory, it is apparent that he concluded that the moving parties' claim that they intended only to provide a character reference for the main borrowers does not accord with reason and common sense.
2The moving parties exercised their right of appeal to the Divisional Court and their appeal was dismissed.
3In the circumstances, we agree with Sharpe J.A. that there is no basis for granting an extension of time to allow the moving parties to apply for leave to appeal to this court. The issue of the credibility of the witnesses was a matter for the trial judge to determine and does not raise a question of law. We agree with Sharpe J.A.’s conclusion that the proposed leave motion has no chance of success.
4The motion to review the order of Sharpe J.A., including his refusal to grant a stay, is therefore dismissed. Costs of this motion are to the responding party fixed in the amount of $3000 inclusive of disbursements and GST.
“Winkler C.J.O.”
“S. T. Goudge J.A.”
“Janet Simmons J.A.”