COURT OF APPEAL FOR ONTARIO

DATE: 20260128

DOCKET: COA-25-CV-0701

Miller, Thorburn and Monahan JJ.A.

BETWEEN

Michael Nunes

Plaintiff (Respondent)

and

Karen Ann Nunes and Dhruv Sharma

Defendants (Appellants)

Kirpal Singh, for the appellants

Noah J. Lewis, for the respondent

Heard and rendered orally: January 27, 2026

On appeal from the judgment of Justice Janet E. Mills of the Superior Court of Justice, dated May 12, 2025.

REASONS FOR DECISION

[ 1 ] It is uncontested that the respondent Michael Nunes forwarded $230,000 to the appellants to assist them in closing a real estate transaction. The appellants have refused to repay the funds, taking the position that the funds were advanced as a gift, with no expectation of repayment. In the alternative, they argue that if it was a loan, it was made on the basis that the respondent’s son Neil would be responsible for repaying the loan.

[ 2 ] On summary judgment, the motion judge found there was no issue requiring trial, and returned judgment in favour of the respondent on the basis that there was no evidence to support the claim the funds were advanced as a gift, or that the respondent agreed that the loan would be repaid by Neil.

[ 3 ] On appeal, the appellants repeat submissions they made at the summary judgment motion regarding the inappropriateness of summary judgment.

[ 4 ] The appellants have not, however, identified evidence that would call into doubt the motion judge’s findings of fact. Neither have they identified any error in the motion judge’s conclusion that there is no risk of contradictory findings with respect to the third party claim.

[ 5 ] The appeal is dismissed. The respondent is awarded costs of the appeal in the amount of $10,000, inclusive of HST and disbursements.

“B.W. Miller J.A.”

“Thorburn J.A.”

“P.J. Monahan J.A.”