Court of Appeal for Ontario

Citation: Toronto-Dominion Bank v. 466888 Ontario Limited, 2011 ONCA 149

Date: 2011-02-25

Docket: C52492

Before: Winkler C.J.O., Rosenberg & Goudge JJA

Between:

The Toronto-Dominion Bank Plaintiff (Respondent)

and

466888 Ontario Limited, 1246787 Ontario Inc., James John Maga, Katherine Marie Maga and David Joseph Maga Defendants (Appellants)

Counsel: J. Sebastian Winny, for the appellants Michael R. Kestenberg, for the respondent

Heard: February 24, 2011

On appeal from the judgment of Justice Thomas R. Lederer of the Superior Court of Justice dated July 2, 2010, with reasons reported at 2010 ONSC 3798.

APPEAL BOOK ENDORSEMENT

[1] The motion judge was fully aware of where the onus rested in the proceeding before him. He found that the respondent had entirely satisfied that onus and that the appellant had put forward nothing to advance an affirmative defence. We agree with that decision. Appeal dismissed.

[2] Costs as agreed $7,500 all in to the respondent.