COURT OF APPEAL FOR ONTARIO
CITATION: Royal Bank of Canada v. Hogarth, 2023 ONCA 30
DATE: 20230116
DOCKET: C70583
Zarnett, Thorburn and Copeland JJ.A.
BETWEEN
Royal Bank of Canada
Plaintiff (Respondent)
and
Graham Hogarth and Nicole Christine Lobb aka Nicole Lobb
Defendants (Appellants)
Graham Hogarth and Nicole Christine Lobb, acting in person
James Satin, for the respondent
Heard and released orally: January 13, 2023
On appeal from the order of Justice Kendra D. Coats of the Superior Court of Justice, dated February 3, 2022, with reasons reported at 2022 ONSC 959.
REASONS FOR DECISION
[1] The motion judge granted summary judgment in favour of the respondent bank. She found, based on the evidence and the submissions, that there was no dispute that the appellants entered into the loan and credit card agreements and that the funds had been advanced and not repaid. Her factual findings are entitled to deference in this court. We are not persuaded that there is a legal basis for this court to interfere with her decision either on the basis of the original record or the fresh evidence that the appellants seek to adduce.
[2] The appeal is dismissed.
[3] Costs are awarded to the respondent in the sum of $5,000 inclusive of disbursements and applicable taxes.
“B. Zarnett J.A.”
“J.A. Thorburn J.A.”
“J. Copeland J.A.”