Court of Appeal for Ontario
Before: Goudge, Sharpe and Armstrong JJ.A.
Between
Horace Dockery
Plaintiff (Appellant)
and
Karen Simba and Muchoki Simba
Defendants (Respondents in Appeal: Karen Simba)
Counsel: Olubunmi Ogunniyi, for the appellant Majekodunmi Adega, for the respondent
Heard: May 18, 2010
On appeal from the judgment of Justice John C. Murray of the Superior Court of Justice dated December 2, 2009
APPEAL BOOK ENDORSEMENT
1In our view the motion judge was right to view this action as being in essence about the promissory note. It clearly sets out the terms of the loan as being to the company and the husband. The respondent was not a party to the note. The action against her was properly dismissed. Costs to the respondent fixed at $5000 inclusive of disbursements and GST.
