Case information
Consult our database for details on a Supreme Court of Canada case.
37941
Alamgir Hussain v. Royal Bank of Canada
(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) |
|---|---|---|
| 2018-09-05 | Close file on Leave | |
| 2018-08-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-08-24 | Judgment on leave sent to the parties | |
| 2018-08-23 |
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 C63399, 2017 ONCA 956, dated November 30, 2017, is dismissed. Dismissed |
|
| 2018-08-23 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2018-08-02 | Correspondence received from, (Letter Form), Court of Appeal Draft Order received from the applicant. | Alamgir Hussain |
| 2018-07-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-07-16 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-03-14 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2018-03-14 | Royal Bank of Canada |
| 2018-02-21 | Certificate (on limitations to public access) | Alamgir Hussain |
| 2018-02-21 | Correspondence received from, RE: Questionnaire regarding CA order (expected May 2018) | Alamgir Hussain |
| 2018-02-14 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED ON FEBRUARY 14, 2018. | |
| 2018-02-14 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2018-02-14 | Alamgir Hussain |
| 2018-01-31 | Book of authorities, (Book Form), Completed on: 2018-01-31 | Alamgir Hussain |
| 2018-01-31 | Application for leave to appeal, (Book Form), Form23A and electronic version missing (Received February 21, 2018) CA Order missing , Completed on: 2018-08-01, (Electronic version due on 2018-02-07) | Alamgir Hussain |
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 |
|---|---|---|
| Hussain, Alamgir | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Royal Bank of Canada | Respondent | Active |
Counsel
Party: Hussain, Alamgir
Counsel
209 - 2401 Eglinton Avenue East
Toronto, Ontario
M1K 2N8
Telephone: (416) 755-4000
FAX: (416) 755-4001
Email: law@alamgirlaw.com
Party: Royal Bank of Canada
Counsel
One Main Street West
Hamilton, Ontario
L8P 4Z5
Telephone: (905) 540-3260
FAX: (905) 523-2504
Email: amanda.jackson@gowlingwlg.com
Summary
Keywords
Charter of Rights and Freedoms – Fundamental justice – Judgments and orders – Summary judgments – Financial institutions – Banks – Lower courts granting summary judgment ordering Applicant to pay Bank amounts owing – Whether an issue of national importance is raised – Whether lower courts erred in their reasoning and decisions.
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.
The respondent, Royal Bank of Canada brought a motion for summary judgment for amounts owing to it from Mr. Hussain.
The motion judge found this was an appropriate case to grant a summary judgment and ordered Mr. Hussain to repay the amounts owing to the Bank. The motion judge also dismissed Mr. Hussain’s counterclaim. The Court of Appeal dismissed the appeal finding no merit in Mr. Hussain’s arguments that the motion judge had erred and found no basis to interfere with the motion judge’s decision.
Lower court rulings
Ontario Superior Court of Justice
09-11302
Motion for summary judgment granted and applicant ordered to pay Bank amounts owing to it; Applicant’s counterclaim dismissed.
Court of Appeal for Ontario
C63399, 2017 ONCA 956
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 613-996-8666 or at 1-844-365-9662.
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
Not available
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 613-996-8666 or at 1-844-365-9662.
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
Not available
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 613-996-8666 or at 1-844-365-9662.
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
Not available