Ontario Civil

Civil Procedure

Man’s contention he had been taken advantage of was bald allegation

Appellant man and respondent woman were engaged in matrimonial litigation. Man withdrew funds from parties’ joint line of credit for his personal and business uses, and signed documents promising to repay amounts. Judge granted woman and corporation’s motion for summary judgment requiring man to repay $195,539 to parties’ joint line of credit and $10,000 to corporation, and awarded costs of $40,000 against him. Man appealed and brought motion for leave to appeal costs award. Appeal and motion dismissed. Each repayment obligation had matured. Man’s contention that he was vulnerable and had been taken advantage of by woman was bald allegation unsupported by any evidence. At best, man had claim in matrimonial proceedings that he made contribution toward matrimonial home for which he should receive credit, but this claim was not affected by requirement that he repay his obligations to joint line of credit. Man conceded his obligation to repay funds, and signed promissory notes confirming his intention to repay amounts. Man established no triable issue in defence to his repayment obligations. Accordingly, summary judgment was properly granted. As man’s appeal had been dismissed, his motion for leave to appeal costs was dismissed.

Friendly v. Elkind (May. 20, 2014, Ont. C.A., E.E. Gillese J.A., K. van Rensburg J.A., and C.W. Hourigan J.A., File No. CA C58057) 240 A.C.W.S. (3d) 843.

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