Court of Appeal for Ontario

Citation: Dockery v. Simba, 2010 ONCA 369

Date: 20100519

Docket: C51471

Before: Goudge, Sharpe and Armstrong JJ.A.

Between

Horace Dockery

Plaintiff (Appellant)

and

Karen Simba and Muchoki Simba

Defendants (Respondents in Appeal: Karen Simba)

Counsel: Olubunmi Ogunniyi, for the appellant Majekodunmi Adega, for the respondent

Heard: May 18, 2010

On appeal from the judgment of Justice John C. Murray of the Superior Court of Justice dated December 2, 2009

APPEAL BOOK ENDORSEMENT

[1] In our view the motion judge was right to view this action as being in essence about the promissory note. It clearly sets out the terms of the loan as being to the company and the husband. The respondent was not a party to the note. The action against her was properly dismissed. Costs to the respondent fixed at $5000 inclusive of disbursements and GST.