Court File and Parties

CITATION: Lynn Sirove v. Toronto Dominion Bank, 2021 ONSC 7740

DIVISIONAL COURT FILE NO.: 619/20

DATE: 20211124

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Lynn James Sirove, Appellant

AND: Toronto-Dominion Bank, Respondent

BEFORE: Firestone RSJ, Hackland and Kristjanson JJ.

COUNSEL: Appellant, in person Ryan McConaghy, for the Respondent

HEARD: at London November 23, 2021 (by Zoom videoconference)

Endorsement

[1] The appellant appeals from the order of a motion judge granting the respondent bank summary judgement on a credit card debt. The amount awarded to the bank was $32,493.59 plus interest. The appellant had used the credit card, (a MasterCard) obtained through the respondent bank and a predecessor entity acquired by the bank, since the year 2000. The motion judge noted that the appellant received monthly credit card statements setting out the debts and interest rates, which he had not disputed. The respondent was awarded costs of $300.

[2] Before this court, the appellant submitted that the respondent bank did not provide a signed account agreement to the court and this was fatal to the respondent’s entitlement to payment. In view of the motion judge’s finding that the monthly credit card statements received by the appellant set out the debts and applicable interest rates, the absence of an account agreement dating from when the account was opened 21 years ago does not furnish the appellant with a defence to the credit card debt.

[3] We are satisfied the motion judge made no palpable and overriding error in granting summary judgement to the respondent. Accordingly, this appeal is dismissed.

[4] Costs of the appeal are awarded to the respondent in the sum of $500.

“Firestone RSJ”

“Hackland J.”

“Kristjanson J”

Date: November 24, 2021

CITATION: Lynn Sirove v. Toronto Dominion Bank, 2021 ONSC 7740

DIVISIONAL COURT FILE NO.: 619/20

DATE: 20211124

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

RE: Lynn James Sirove, Appellant

AND: Toronto-Dominion Bank, Respondent

COUNSEL: Appellant, in person Ryan McConaghy, for the Respondent

ENDORSEMENT

Released: November 24, 2021