Court of Appeal for Ontario

Citation: Toronto-Dominion Bank v. Piro, 2012 ONCA 666

Date: 20121002

Docket: C55334

Before: Sharpe, Gillese and Watt JJ.A.

Between

The Toronto Dominion Bank Plaintiff (Respondent)

and

Angelo Piro and 1316679 Ontario Ltd. Defendant (Appellant)

Counsel: Angelo Piro, in person David Lipkus, for the respondent

Heard: October 1, 2012

On appeal from the order of Justice Wailan Low of the Superior Court of Justice, dated March 26, 2012.

APPEAL BOOK ENDORSEMENT

[1] We see no error in the part of the motion judge in denying an adjournment and granting summary judgment. The appellant had filed no material in defence of the claim despite the timetable ordered previously by the motion judge. There is still nothing in this record to indicate that there is any defence to the respondent’s claim. The appellant is simply asking for time to rearrange his affairs. This is not a remedy open to us. Appeal dismissed. Costs to the respondent fixed at $4,212.97 inclusive of disbursements and taxes.