Case information
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37481
Raymond Kuate Konga v. Toronto-Dominion Bank
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-06-16 | Close file on Leave | |
| 2017-06-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-06-09 | Judgment on leave sent to the parties | |
| 2017-06-08 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C61970, 2016 ONCA 976, dated December 23, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2017-06-08 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application for leave to appeal. Granted |
|
| 2017-05-01 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-05-01 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2017-04-13 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2017-04-13 | Toronto-Dominion Bank |
| 2017-04-13 | Certificate (on limitations to public access) | Toronto-Dominion Bank |
| 2017-04-13 | Notice of name | Toronto-Dominion Bank |
| 2017-04-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-04-13 | Toronto-Dominion Bank |
| 2017-03-14 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on 2017-03-14 | |
| 2017-03-14 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2017-03-14 | Raymond Kuate Konga |
| 2017-03-08 | Certificate (on limitations to public access) | Raymond Kuate Konga |
| 2017-03-08 | Application for leave to appeal, (Book Form), C/A order missing, Completed on: 2017-05-02 | Raymond Kuate Konga |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Konga, Raymond Kuate | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Toronto-Dominion Bank | Respondent | Active |
Counsel
Party: Konga, Raymond Kuate
Counsel
92 Centrepointe Drive
Ottawa, Ontario
K2G 6B1
Telephone: (613) 723-9100
FAX: (613) 706-1265
Email: ken.dunham@centrepointelaw.com
Party: Toronto-Dominion Bank
Counsel
99 Bank Street, Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@fmc-law.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Commercial law – Loans – Guarantor – Reasonable notice – Whether the learned judges below erred in law by conflating “notice” and “demand” in the context of a demand loan – Whether the learned judges below made palpable and overriding errors of fact by finding that “notice” had been provided by the Toronto-Dominion Bank at any time prior to November 7, 2014.
The Respondent, Toronto-Dominion Bank extended credit to Vertamin Inc. including a line of credit with an authorized limit of $800,000, a corporate VISA card and a separate fixed term loan on the maximum amount of $288,000. All of the obligations owed to TD Bank by Vertamin were guaranteed by the Applicant, Mr. Konga, under an unlimited and continuing guarantee. The TD Bank claims that Vertamin breached the terms of the loan agreements and, on November 13, 2014, it simultaneously demanded repayment of the loans both from Vertamin and from Mr. Konga in his capacity as guarantor. The TD Bank sought summary judgment against Mr. Konga in the amount of $1,098,646.22, plus interest and costs. Summary judgment was granted in TD Bank’s favour. Mr. Konga’s subsequent appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
15-63692, 2016 ONSC 1628
Respondent’s motion for summary judgment granted
Court of Appeal for Ontario
C61970, 2016 ONCA 976
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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