CITATION: Crawford v. Bank of Montreal, 2009 ONCA 98

DATE: 20090130

DOCKET: C49171

COURT OF APPEAL FOR ONTARIO

Gillese, MacFarland and LaForme JJ.A.

BETWEEN:

Anthony Crawford also known as Tony Crawford

Defendant (Appellant)

and

Bank of Montreal

Respondent (Plaintiff)

AND BETWEEN:

Anthony Crawford also known as Tony Crawford

Plaintiff by Counterclaim (Appellant)

and

Bank of Montreal, Avalon Securities Corp., and Michael Perris, Mikary Investments Ltd., Gordon E. Glenn, John M. Graydon, William Wright, Donald Ivey, Robert Pell, and Douglas Ferguson

Defendant by Counterclaim (Respondent)

J. Whitehead, for the appellant

Joshua Siegel, for the respondent

Heard: January 30, 2009

On appeal from the order of Justice Harris of the Superior Court of Justice, dated June 27, 2008.

APPEAL BOOK ENDORSEMENT

[1] We see no error in the decision below. The essence of the defence in this matter is that the appellant failed to read the loan documentation when he initially took out the loan or at any point in the following ten-year period when he made payments on the loan. The loan documentation makes it clear that there is no genuine issue for trial in relation to the Bank of Montreal.

[2] Accordingly, the appeal is dismissed with costs to the respondent fixed at $6,000, all inclusive.