Court of Appeal for Ontario
Date: 2018-10-15 Docket: C64767 Judges: Hourigan, Miller and Trotter JJ.A.
Between
Igbinedion Odion Prince Plaintiff (Appellant)
and
Sonny Singh (Owner of Universal Rent-A-Car Inc.), Universal Rent-A-Car Inc., Capital One Bank (Canada Branch) and American Bankers Insurance Company of Florida Defendants (Respondent)
Counsel
Igbinedion Odion Prince, representing himself
Christina Wadsworth, for the respondent
Heard
October 5, 2018
On Appeal
On appeal from the judgment of Justice Markus Koehnen of the Superior Court of Justice, dated December 1, 2017.
Appeal Book Endorsement
[1] The appellant appeals from the order of the motion judge dismissing his claim against the respondent. The dispute arises from amounts billed to the appellant's credit card that he submits were unauthorized.
[2] We see no basis to interfere with the motion judge's order.
[3] The appellant complains that the first affidavit filed by the respondent was inaccurate regarding credit agency collections on his account. That is true, but the error was corrected in a second affidavit filed by the respondent, which was before the motion judge. Therefore, the error had no material impact on the motion judge's analysis.
[4] At the initial return of the motion, the appellant raised for the first time two new charges on his credit card. The motion judge adjourned the motion to permit him to adduce evidence regarding those charges. On the return of the motion he failed to do so. In the circumstances, the motion judge did not err in dismissing these allegations, nor do we see any error in the motion judge's dismissal of the appellant's other claims.
[5] With respect to the cost order below, the appellant failed to seek leave to appeal that order as he was required to do under the Rules. In any event, we see no error in the motion judge's cost order and would accordingly not grant leave to appeal.
[6] The appeal is dismissed. The appellant shall pay the respondent, Capital One's, costs of the appeal in the all-inclusive sum of $3,500.