Royal Bank of Canada v. 1724881 Ontario Limited, 2009 ONCA 699

DATE: 20091006

DOCKET: C50191

COURT OF APPEAL FOR ONTARIO

Laskin, Blair and Watt JJ.A.

BETWEEN

Royal Bank of Canada

Plaintiff (Respondent)

and

1724881 Ontario Limited and Paul E. Melynchuk

Defendants (Appellants)

Brian T. Daly, for the appellants

Amanda Jackson, for the respondent

Heard: October 5, 2009

On appeal from the judgment of Justice Eugene B. Fedak of the Superior Court of Justice dated February 5, 2009.

APPEAL BOOK ENDORSEMENT

[1] We agree with the motion judge that there is no genuine issue for trial on whether the franchisor and the bank have a sufficiently close connection to make the latter responsible for the former’s faults.

[2] Accordingly, the appeal is dismissed with costs fixed at $10,000, inclusive of disbursements and GST.