COURT OF APPEAL FOR ONTARIO
MacPherson, Juriansz and Epstein JJ.A.
BETWEEN
The Toronto-Dominion Bank
Plaintiff (Respondent)
and
Elio David Di Iorio and Sandra Kathleen Di Iorio, also known as Sandra Kathleen Cunningham
Defendants (Appellants)
Elio Di Iorio and Sandra Di Iorio, appellants appearing in person
Philip Polster, for the respondent
Heard: December 12, 2011
On appeal from the order of Justice David Price of the Superior Court of Justice dated June 2, 2011.
APPEAL BOOK ENDORSEMENT
1The appellants appeal from the summary judgment granted by Price J. of the Superior Court of Justice on June 2, 2011. The judgment was in favour of the respondent T-D Bank in two amounts, $156,603.46 and $22,178.78, relating to mortgage, line of credit, and credit card debts owed by the appellants.
2The appellants contend that the motion judge erred by not accepting that the documents they submitted to the respondent, namely, so-called “Bill-Consumer Purchases” were legal tender for their debts.
3We disagree. The appellants’ documents have no commercial value whatsoever. Accordingly, the appellants’ debts to T-D Bank remain unpaid.
4The appeal is dismissed. The respondent is entitled to its costs of the appeal fixed at $3000 inclusive of disbursements and HST.