CITATION: Royal Bank of Canada v. Lazzarino, 2009 ONCA 173

DATE: 20090224

DOCKET: C49325

COURT OF APPEAL FOR ONTARIO

Sharpe, Juriansz and LaForme JJ.A.

BETWEEN:

Royal Bank of Canada

Plaintiff (Respondent)

and

Micheal Lazzarino

Defendant (Appellant)

Micheal Lazzarino in person

Shawna Sosnovich for the respondent

Heard: February 23, 2009

On appeal from the judgment of Justice Emile Kruzick of the Superior Court of Justice dated July 7, 2008.

APPEAL BOOK ENDORSEMENT

[1] The appellant takes the position that the loans he personally guaranteed have been paid. The motion judge considered that argument and concluded that it was not supported by the record. We see no reason to interfere with that finding of fact. We see nothing in this record to support the position of the appellant to suggest that the motion judge made a palpable and overriding error that would permit this court to interfere with his decision.

[2] Accordingly, the appeal is dismissed. Costs to the respondent fixed at $4,000 inclusive of disbursement and GST.