The Superior Court of Ontario in RBC v. Tehrani, 2011 ONSC 4602 has granted summary judgment in favour of the Royal Bank of Canada (“RBC”) for fraud against a Toronto business man who sought and obtained $85,185.00 from the Royal Bank to finance a furniture business which never existed.

The defendant’s loan application was approved on the strength of a falsified Guaranteed Investment Certificate (GIC) from the TD Bank to demonstrate that the defendant had the financial ability to operate the new furniture business.   While the defendant made representations that the loan proceeds were to be used to purchase equipment and for renovations to the premises of the furniture business, he could not adequately show that the proceeds were actually invested in the business.

The Honourable Justice Haney found that the defendant provided RBC with a forged GIC in order to obtain approval of Contempo’s loan application, the defendant did not obtain the equipment that was alleged to have been purchased, the defendant did not engage in any renovations or that any bona fide furniture business was ever carried on by the defendant and thus there existed no genuine issue requiring a trial.

Ruzbeh Hosseini, B.Sc., LL.B., J.D.

Parisima Zandi, LL.B., D.E.S.S.

Heydary Hamilton PC has been involved in a substantial number of summary judgment motions, including a number of leading cases. Here is a sample of cases where we have acted for clients succeeding in motions for summary judgment:

Bruno Appliance v. Cassels Brock & Blackwell LLP, 2010 ONSC 5490

Harster Greenhouses v. Visser International, 2011 ONSC 2608

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