COURT OF APPEAL FOR ONTARIO

CITATION: Lemire v. Canadian Tire Bank, 2016 ONCA 810

DATE: 20161031

DOCKET: C61957

Doherty, Hourigan and Brown JJ.A.

BETWEEN

Flora M. Lemire

Appellant (Defendant)

and

Canadian Tire Bank

Respondent (Plaintiff)

Flora M. Lemire, appearing in person

David Lingard, for the respondent

Heard: October 28, 2016

On appeal from the judgment of Justice R. John Harper of the Superior Court of Justice, dated April 6, 2016.

APPEAL BOOK ENDORSEMENT

[1] The appellant submits that the debt, which is the subject of the underlying judgment, is owed by a trust and she is duty bound to maintain the confidentiality of that trust.

[2] We cannot go be behind the judgment.

[3] The appellant is the defendant. The motion judge exercised his discretion in favour of renewing the writ. The appellant’s assertion that the debt is in fact owed by another legal entity could not justify a refusal to renew the writ. There were no other grounds offered in support of the appellant’s submission. We defer to the motion judge’s exercise of his discretion.

[4] The appeal is dismissed. Costs awarded to the respondent in the amount of $500, inclusive of disbursements and all relevant taxes.