COURT OF APPEAL FOR ONTARIO
Trotter, Paciocco and Wilson JJ.A.
BETWEEN
Bank of Montreal
Plaintiff (Appellant)
and
Valantina Khello
Defendant (Respondent)
Allyson Fox, for the appellant
No one appearing for the respondent
Heard and rendered orally: June 16, 2026
On appeal from the order of Justice Marvin Kurz of the Superior Court of Justice, dated May 1, 2025.
REASONS FOR DECISION
1Although significant issues have been raised about the correctness of the decision below, in dismissing the motion, the motion judge did not resolve the substantive dispute between the parties as to the character of the debt. It remains open to the Bank of Montral to pursue this issue before the Bankruptcy Court.
2Therefore, the decision being appealed is not a final order.
3The appeal is quashed as we do not have jurisdiction.
“Gary Trotter J.A.”
“David M. Paciocco J.A.”
“D.A. Wilson J.A.”