DATE: 20040708

DOCKET: C40352

COURT OF APPEAL FOR ONTARIO

RE:

THE TORONTO-DOMINION BANK (Plaintiff/Respondent) v. KEITH WILLIAM LINTON and KATHERINE ELIZABETH LINTON also known as KATHERINE BRESSETTE also known as KATHERINE JUKES (Defendants/Appellants)

BEFORE:

McMURTRY C.J.O., BORINS AND FELDMAN JJ.A.

COUNSEL:

T. G. Reczulski

for the appellants

James M. Butson

for the respondent

HEARD & ENDORSED:

JULY 8, 2004

On appeal from the judgment of Justice Weekes dated June 19, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] We are of the view that there were genuine issues for trial related to the defences of promissory estoppel and trust.

[2] The appeal is therefore allowed and the summary judgment is set aside.

[3] The appellants are entitled to their costs before Weekes J. and in this court in the amount of $14,000.00 inclusive of GST and disbursements.