Court of Appeal for Ontario
Before: Sharpe, Blair and Juriansz JJ.A.
Between
Nicole (Nora) Herold
Appellant
and
The Bank of Nova Scotia
Respondent
Counsel:
Appellant in person
Evan L. Cappe, for the respondent
Heard: February 24, 2012
On appeal from the order of Justice Sandra Chapnik of the Superior Court of Justice, dated August 24, 2011.
APPEAL BOOK ENDORSEMENT
1We see no error in the decision of the motion judge granting summary judgment. We agree with her conclusion that the appellant has failed to provide any evidence that she paid her student loan. Indeed, her letter of March 3, 1997 essentially admits that she owed the money and a judgment of the Federal Court, which she is appealing, found after a full review of the evidence, that she had not paid the loan. It follows that her claim against the respondent bank must fail and therefore, this appeal must be dismissed.
2Costs to the respondent fixed at $5000 inclusive of disbursements and HST.