DATE: 20060223

DOCKET: C44083

COURT OF APPEAL FOR ONTARIO

RE:

THE BANK OF NOVA SCOTIA (Respondent) –and- NEKMOHAMMED MANJI also known as NEKMOHAMED MANJI also known as ZAHARA MANJI also known as ZAHARA Y. MANJI also known as ZAHARA Y. WALLI (Appellant)

BEFORE:

LABROSSE, BLAIR and ROULEAU JJ.A.

COUNSEL:

Peter-Paul E. DuVernet

for the appellant

Ron Aisenberg

for the respondent

HEARD & ENDORSED:

February 23, 2006

On appeal from the summary judgment of Justice James H. Clarke of the Superior Court of Justice, dated May 3, 2005 made at Brampton, Ontario.

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

[1] In our view, in the wording of the Rule, it would be unjust, in the circumstances of this case, to decide the issues a motion for summary judgment.

[2] The appellant ought to be allowed to find out what happened to the monies and if they were repaid, why not to him.

[3] The summary judgment is set aside.

[4] Costs set at $2,500.00 to follow the event of the action.