COURT OF APPEAL FOR ONTARIO

DATE: 20060912

DOCKET: C45111

RE: ROYAL BANK OF CANADA (Plaintiff (Respondent) – and – JATINDER HOONJAN (Defendant (Appellant))

BEFORE: GOUDGE, JURIANSZ AND ROULEAU JJ.A.

COUNSEL:

Chris M. Bowman

for the appellant Jatinder Hoonjan

Martin Greenglass

for the respondent

HEARD & ENDORSED: September 7, 2006

On appeal from the judgment of Justice David J. Nadeau of the Superior Court of Justice dated February 16, 2006.

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

[1] This is an appeal from the summary judgment dismissing the appellant’s counterclaim. In our view it is clear that the facts underlying the counterclaim were known to the appellant from the beginning. Obtaining legal advice concerning those facts does not raise a discoverability issue. Nor are there facts raising a genuine issue for trial concerning the alleged fiduciary duty the appellant says is owed to her. We can see none here. The appeal must be dismissed. Costs fixed at $4000 to be paid out of the funds in court for security for costs to the respondent.