CITATION: Toronto-Dominion Bank v. Di Iorio, 2011 ONCA 792

DATE: 20111214

DOCKET: C53894

COURT OF APPEAL FOR ONTARIO

MacPherson, Juriansz and Epstein JJ.A.

BETWEEN

The Toronto-Dominion Bank

Plaintiff (Respondent)

and

Elio David Di Iorio and Sandra Kathleen Di Iorio, also known as Sandra Kathleen Cunningham

Defendants (Appellants)

Elio Di Iorio and Sandra Di Iorio, appellants appearing in person

Philip Polster, for the respondent

Heard: December 12, 2011

On appeal from the order of Justice David Price of the Superior Court of Justice dated June 2, 2011.

APPEAL BOOK ENDORSEMENT

[1] The appellants appeal from the summary judgment granted by Price J. of the Superior Court of Justice on June 2, 2011. The judgment was in favour of the respondent T-D Bank in two amounts, $156,603.46 and $22,178.78, relating to mortgage, line of credit, and credit card debts owed by the appellants.

[2] The appellants contend that the motion judge erred by not accepting that the documents they submitted to the respondent, namely, so-called “Bill-Consumer Purchases” were legal tender for their debts.

[3] We disagree. The appellants’ documents have no commercial value whatsoever. Accordingly, the appellants’ debts to T-D Bank remain unpaid.

[4] The appeal is dismissed. The respondent is entitled to its costs of the appeal fixed at $3000 inclusive of disbursements and HST.