DATE: 2006-10-10

DOCKET: C45494

COURT OF APPEAL FOR ONTARIO

RE:

SCOTIA MORTGAGE CORPORATION (Plaintiff/ Respondent in Appeal) – and – MOHAMMAD ANWAR AND MASOODA ANWAR (Defendants/Appellants in Appeal)

BEFORE:

LASKIN, ARMSTRONG AND LaFORME JJ.A.

COUNSEL:

Alnaz I. Jiwa

for the appellant

Mitchell Solish

for the respondent

HEARD & ENDORSED:

October 6, 2006

On appeal from the judgment of Justice Gertrude Speigel of the Superior Court of Justice, dated May 2, 2006.

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

[1] We agree with the motion judge’s reasons. There is nothing in writing to support the appellants’ defence. Nor does the appellants’ affidavit material raise a viable issue concerning the bank’s knowledge.

[2] The appeal is dismissed with costs fixed at $3,000.00, all inclusive.