Case information
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41857
Shahin Songhorigakien v. Bank of Montreal
(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) |
|---|---|---|
| 2026-01-29 | Close file on Leave | |
| 2026-01-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-01-15 | Judgment on leave sent to the parties | |
| 2026-01-15 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the applicant’s reply is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-24-CV-1007, 2025 ONCA 311, dated April 25, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2026-01-15 |
Decision on motion to extend time, See decision on judgment Granted |
|
| 2025-11-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-11-24 | Submission of motion to extend time, for consideration by the Court | |
| 2025-11-12 | Motion to extend time, (Book Form), to serve and file a reply, Completed on: 2025-11-13 | Shahin Songhorigakien |
| 2025-11-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-11-13 | Shahin Songhorigakien |
| 2025-09-05 | Certificate (on limitations to public access), Public access to information form | Shahin Songhorigakien |
| 2025-08-18 |
Notice of name, (Letter Form), Missing: -Proof of service, (Printed version filed on 2025-10-29) |
Bank of Montreal |
| 2025-08-18 |
Certificate (on limitations to public access), (Letter Form), Form 23A Missing: -Proof of service (Received 2025-08-20) , (Printed version filed on 2025-10-29) |
Bank of Montreal |
| 2025-08-18 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-10-30, (Printed version filed on 2025-10-29) | Bank of Montreal |
| 2025-06-19 | Letter advising parties of an incomplete application for leave to appeal, File open | |
| 2025-06-12 |
Application for leave to appeal, (Book Form), Missing: -Proof of service (copy of the email sent) (rec'd 2025-08-08) -Proof of service on the retired party (N/A) -Amended Notice of application (rec'd 2025-08-08) -Cover page with correct style of cause (N/A) -CA Order (N/A) -Public access to information form (rec'd 2025-09-05), Completed on: 2025-09-05 |
Shahin Songhorigakien |
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 |
|---|---|---|
| Shahin Songhorigakien | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bank of Montreal | Respondent | Active |
Counsel
Party: Shahin Songhorigakien
This party is not represented by counsel.
Party: Bank of Montreal
Counsel
100 Sheppard Avenue East, Suite 850
Toronto, Ontario
M2N 6N5
Telephone: (416) 789-0652
FAX: (416) 789-9015
Email: iklaiman@szklaw.ca
Summary
Keywords
Judgments and orders — Summary judgments — Overdraft facility granted by respondent to company and personally guaranteed by applicant — Respondent sought repayment and obtained summary judgment against applicant — Whether the Court of Appeal for Ontario erred in law and procedural fairness by upholding summary judgment in favour of the respondent.
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, Bank of Montreal, granted a $500,000 overdraft facility to a company in which the applicant, Shahin Songhorigakien, was a 50% shareholder. The overdraft facility was personally guaranteed by Ms. Songhorigakien and her son. After the company defaulted under the overdraft facility and the Bank issued a formal demand for repayment of the full outstanding indebtedness, the Bank obtained default judgment against the company and Ms. Songhorigakien’s son. It then moved for summary judgment against Ms. Songhorigakien. Finding that the Bank had made out a prima facie case, and that Ms. Songhorigakien’s defences did not raise a serious issue requiring trial, the motion judge granted the motion for summary judgment and ordered Ms. Songhorigakien to pay the Bank $500,000, as well as pre-judgment interest and costs. Ms. Songhorigakien appealed. Finding that the motion judge’s reasons were clear, sound, based solidly on the evidence before her and contained no reversible errors, the Court of Appeal for Ontario dismissed the appeal with costs.
Lower court rulings
Ontario Superior Court of Justice
CV-22-03597-0000
Summary judgment granted. Applicant ordered to pay the respondent $500,000, pre judgment interest and costs.
Appeal dismissed with costs.
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
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 613‑996‑7933 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
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 613‑996‑7933 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
Not available