CITATION: Royal Bank of Canada v. 2021847 Ontario Limited, 2008 ONCA 628

DATE: 20080912

DOCKET: C48256

COURT OF APPEAL FOR ONTARIO

Rosenberg, Borins and Gillese JJ.A.

BETWEEN:

Royal Bank of Canada

Plaintiff (Respondent)

and

2021847 Ontario Limited, Pelee Hydrofoil Corporation, Martin Sear, Penelope Sear, Russell Newton, James Kreuttner and Maged Salek-Farat Attia, a.k.a. Magad Salek-Farag Attia

Defendants (Appellants)

Graydon Sheppard for the appellants, Martin Sear, Penelope Sear, Russell Newton and James Kreuttner

Duncan M. MacFarlane Q.C. for the respondent

Heard: September 11, 2008

On appeal from the Justice John E. Sheppard of the Superior Court of Justice dated December 19, 2007.

APPEAL BOOK ENDORSEMENT

[1] The defence presented was that the receiver had conducted an improvident sale of the hydrofoil vessels. The defence presented no substantial evidence in support of their defence. Rather, they simply criticized the receiver’s marketing efforts as being inadequate.

[2] The court can grant summary judgment where the only issue is an issue of law. There were no facts in dispute. The only issue was whether there had been an improvident sale, which is an issue of law. This is what the motion judge decided.

[3] Accordingly, the appeal is dismissed with costs fixed at $7,300 inclusive of disbursements and G.S.T.