CITATION: Bukin v. Toronto Dominion Bank, 2009 ONCA 221

DATE: 20090312

DOCKET: M37141 (M36701)

COURT OF APPEAL FOR ONTARIO

Winkler C.J.O., Goudge and Simmons JJ.A.

BETWEEN:

Boguslaw J. Bukin and Danuta Bukin

Moving Party

and

The Toronto Dominion Bank

Responding Party

Danuta Bukin and Boguslaw Bukin, acting in person

Dennis Touesnard, for the respondent party

Heard and released orally: March 2, 2009

Motion to review the order of Sharpe J.A. December 18, 2008.

ENDORSEMENT

[1] The trial judge did not accept the evidence of the moving parties. Although the trial judge's reasons are cursory, it is apparent that he concluded that the moving parties' claim that they intended only to provide a character reference for the main borrowers does not accord with reason and common sense.

[2] The moving parties exercised their right of appeal to the Divisional Court and their appeal was dismissed.

[3] In the circumstances, we agree with Sharpe J.A. that there is no basis for granting an extension of time to allow the moving parties to apply for leave to appeal to this court. The issue of the credibility of the witnesses was a matter for the trial judge to determine and does not raise a question of law. We agree with Sharpe J.A.’s conclusion that the proposed leave motion has no chance of success.

[4] The motion to review the order of Sharpe J.A., including his refusal to grant a stay, is therefore dismissed. Costs of this motion are to the responding party fixed in the amount of $3000 inclusive of disbursements and GST.

“Winkler C.J.O.”

“S. T. Goudge J.A.”

“Janet Simmons J.A.”