Court of Appeal for Ontario
Date: 2017-12-06 Docket: C63399
Judges: Simmons, Brown and Fairburn JJ.A.
Between
Alamgir Hussain and Jesmin Ara Appellant
and
Royal Bank of Canada Respondent
Counsel
Alamgir Hussain, in person
Amanda Jackson, for the respondent
Heard
November 30, 2017
On Appeal
On appeal from the judgment of Justice Kim A. Carpenter-Gunn of the Superior Court of Justice, dated January 25, 2017.
Appeal Book Endorsement
[1] The motion judge granted summary judgment to the Royal Bank of Canada for amounts owing by the appellant on a line of credit, an overdraft lending agreement and two Visa cards. She also dismissed the appellant's counterclaim and awarded substantial indemnity costs to the Bank fixed in the amount of $60,000.
[2] We see no merit in the appellant's arguments that she erred in doing so.
[3] The Bank's action was commenced in May 2009, well within the applicable limitation period. The length of time it took the Bank to bring its summary judgment motion is not a defence to the substantive claim. The motion judge gave extensive reasons responding to the appellant's submissions concerning the impact of delay on interest and costs. We see no basis on which to interfere.
[4] In oral submissions the appellant acknowledged that he owed the principal amounts claimed under the debt instruments.
[5] The motion judge fully considered the appellant's arguments concerning the impact of the double mortgage payments initially collected by the Bank and subsequently refunded. The appellant has demonstrated no error in her findings on this issue.
[6] The Canadian Charter of Rights and Freedoms has no application to this case.
[7] Any comments made by the pre-trial judge(s), were brought to the motion judge's attention only in relation to costs by way of the offers to settle that were submitted. This did not contravene the Rules of Civil Procedure.
[8] The appeal is therefore dismissed. The costs of the appeal are to the Bank in the amount of $5,000 inclusive of disbursements and applicable taxes.