Court File and Parties

CITATION: State Bank of India (Canada) v. Singh, 2009 ONCA 516

DATE: 20090624

DOCKET: C48485

COURT OF APPEAL FOR ONTARIO

Sharpe, LaForme and Watt JJ.A.

BETWEEN

State Bank of India (Canada)

Plaintiff (Respondent)

and

Amarjit Singh and Gurinder Kaur also known as Gurinder Kaur Singh

Defendants (Appellants)

Counsel: Amarjit Singh in person Ronald Birken, for the respondent

Heard: June 23, 2009

On appeal from the judgment of Justice J.P. Moore of the Superior Court of Justice dated February 1, 2008.

APPEAL BOOK ENDORSEMENT

[1] The appellant raises three grounds in relation to the judgment and also appeals the costs order.

1) Standard terms

[2] The trial judge found as a fact that the appellant had signed and agreed to the standard terms. There was evidence to support the finding. We do not agree that failure to register those terms made them unenforceable against the appellant.

2) Accounting

[3] The trial made findings of fact in relation to the accounting issue raised by the appellant. We are not persuaded that there is any palpable and overriding error in those findings.

3) Bankruptcy

[4] The appellant concedes there is nothing in the record to indicate that the respondent made any claim under this mortgage in the U.S. bankruptcy proceedings. The trial judge did not err in concluding that the respondents’ claim was not stayed by virtue of the US bankruptcy proceeding.

4) Costs

[5] The trial judge did not err in fixing the costs rather than ordering an assessment. We find no basis to interfere with his assessment of the costs.

[6] Accordingly, the appeal is dismissed. Costs to the respondent fixed at $12,000 inclusive of disbursement and GST. Formal judgment may be signed without approval of the appellant.