Court of Appeal for Ontario

CITATION: Matutschovsky v. Equifax Canada Inc., 2009 ONCA 769

DATE: 20091105

DOCKET: C50363

BEFORE: Laskin, Armstrong and Lang JJ.A.

BETWEEN

Ekaterina Matutschovsky

Plaintiff (Appellant)

and

Equifax Canada Inc.

Defendant (Respondent)

COUNSEL:

Ekaterina Matutschovsky, in person

Stephen Schwartz, for the respondent

Heard and released orally: October 29, 2009

On appeal from the final Order of Justice D. M. Brown of the Superior Court of Justice dated March 26, 2009

ENDORSEMENT

[1] The appellant, Ms. Matutschovsky, sued Equifax, a national credit agency, which publishes credit reports. Her lawsuit essentially involved a claim that Equifax published inaccurate credit information concerning her default in a debt owed to the Royal Bank of Canada. On motion for summary judgment by Equifax, Justice Brown of the Superior Court dismissed her action and dismissed a cross-motion by the appellant for summary judgment.

[2] The motion judge did a thorough review of all of the evidence before him. He concluded that the report that the appellant was in default in the payment of the debt to the Royal Bank of Canada was correct. He observed that the debt, which arose under a guarantee, was just as much a personal indebtedness as that which would arise from an account in the appellant’s name.

[3] He concluded that no genuine issue for trial existed regarding the accuracy of the Equifax consumer report and its obligation to comply with the requirements of s. 9(1) and 9(3)(a) of the Consumer Reporting Act.

[4] The record before the motion judge fully supported his conclusion. We can find no error. The appeal is therefore dismissed. Costs of the appeal are awarded to the respondent in the amount of $4,000 inclusive of disbursements and GST.

“John Laskin J.A.”

“Robert P. Armstrong J.A.”

“S. Lang J.A.”