Court File and Parties
CITATION: Mehedi v. Canadian Imperial Bank of Commerce, 2011 ONSC 3635
DIVISIONAL COURT FILE NO.: 99/11
DATE: 20110609
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SWINTON, LEDERER AND HOURIGAN JJ.
BETWEEN:
GOLAM MEHEDI
Appellant
– and –
CANADIAN IMPERIAL BANK OF COMMERCE
Respondent
In Person
Sean Butt, for the Respondent
HEARD at Toronto: June 9, 2011
Oral Reasons for Judgment
LEDERER J. (orally)
[1] The appellant has a long-standing dispute with the Bank. In substance, the Bank set off money it held in a G.I.C. to the credit of the appellant and money from his personal account against money he owed in respect of his visa account.
[2] The appellant sued for the return of $2,765.00 to the G.I.C. This was the subject of a trial at the Small Claims Court. The judge found that the Bank was entitled to the set-off. The appellant exhausted the appeals available to him.
[3] In this matter, the Bank is the plaintiff. It sued for the money it was owed on the visa account as well as a personal line of credit. The appellant served a Statement of Defence. It was largely struck out by the order of Quigley J. What remained was struck out by the decision of Sproat J. who also granted default judgment to the Bank.
[4] The appeal before us is from the decision of Sproat J. and setting aside the default judgment he granted. There is no error in his decision or his reasons. The appeal is dismissed.
[5] In any event, I note the Statement of Defence is based on the allegations that were made, or could have been made in the Small Claims Court. They failed there. They are subject to res judicata and cause of action estoppel. These principles provide that issues the Court had decided or which properly could have been raised, cannot be litigated or re-litigated. This is not a case where we would exercise any discretion to depart from these principles.
SWINTON J.
[6] I endorse the Appeal Book, “This appeal is dismissed for oral reasons given by Lederer J. today. Costs to the respondent CIBC fixed at $1,500.00 inclusive of HST and disbursements.”
SWINTON J.
LEDERER J.
HOURIGAN J.
Date of Reasons for Judgment: June 9, 2011
Date of Release: June 30, 2011
CITATION: Mehedi v. Canadian Imperial Bank of Commerce, 2011 ONSC 3635
DIVISIONAL COURT FILE NO.: 99/11
DATE: 20110609
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SWINTON, LEDERER AND HOURIGAN JJ.
BETWEEN:
GOLAM MEHEDI
Appellant
– and –
CANADIAN IMPERIAL BANK OF COMMERCE
Respondent
ORAL REASONS FOR JUDGMENT
LEDERER J.
Date of Reasons for Judgment: June 9, 2011
Date of Release: June 30, 2011