Court of Appeal for Ontario
Date: 2017-12-18 Docket: C63040
Judges: Simmons, Lauwers and Pardu JJ.A.
Between
The Toronto-Dominion Bank Plaintiff (Respondent)
and
Arthur Scott L. Froom Defendant (Appellant)
Counsel
Arthur Froom, in person by videoconference
Todd J. Burke, for the respondent
Heard
December 15, 2017
Appeal
On appeal from the order of Justice Mary E. Vallee of the Superior Court of Justice, dated March 29, 2016 and from the associated costs award dated June 3, 2016, and from the order of Justice M.L. Edwards of the Superior Court of Justice, dated December 6, 2016.
Appeal Book Endorsement
[1] In a statement of claim dated March 24, 2010, the Toronto-Dominion Bank sued the appellant for amounts owing on two Visa cards pursuant to written agreements dated May 24, 2002 and August 24, 2005.
[2] On March 29, 2016, the motion judge dismissed the Bank's motion for summary judgment on the statement of claim but also dismissed the appellant's motion to strike the statement of claim in an affidavit filed by the Bank in support of its claim for summary judgment.
[3] The motion judge also made various orders concerning the future conduct of the action.
[4] The motion judge awarded costs of the motion to the appellant totalling $1,446.92.
[5] On December 6, 2016, following a case management conference, the case management judge ordered that the action not be administratively dismissed.
[6] The appellant appeals from the orders that adversely affect him. The appellant's appeals are quashed. None of the orders the appellant appeals are final orders. They do not dispose of the action nor do they finally dispose of an issue or defence in the action. Contrary to the appellant's submissions, it remains open to the appellant to take the position that no contracts exist. The proper appeal route was to the Divisional Court. The absence of a motion to quash does not afford jurisdiction to this court.
[7] The Bank may deliver costs submissions within 10 days; the appellant may respond within 10 days thereafter.