Court of Appeal for Ontario
Date: 2019-04-05 Docket: C63448
Panel: Simmons, Juriansz and Miller JJ.A.
Between
Mihrali Celik Appellant
and
TD Canada Trust, Canada Trust, TD Bank Financial Group Toronto – Dominion Bank Respondents
Counsel
J. Richard Forget, for the appellant
James Riewald, for the respondents
Heard
April 4, 2019
On Appeal
On appeal from the order of Justice Peter Hockin of the Superior Court of Justice, dated October 4, 2016.
Appeal Book Endorsement
[1] The application judge dismissed the application based on reasons indicating the limitation period had expired.
[2] The appellant argues that the application judge should have dismissed the application because the claim was improperly constituted as an application and not an action. The appeal is from the judgment, not the reasons. The appeal is dismissed.
[3] Costs of the appeal are fixed at $7,000 on a partial indemnity scale inclusive of taxes and disbursements payable by the appellant to the respondent.
