r v Manitoba Public Insurance Corp et al, 2018 MBCA 38

Citation: Adam v Canadian Imperial Bank of Commerce, Date: 20180409 2018 MBCA 38 Docket: AI17-30-08828 IN THE COURT OF APPEAL OF MANITOBA Coram: Chief Justice Richard J. Chartier Madam Justice Freda M. Steel Mr. Justice William J. Burnett BETWEEN : CANADIAN IMPERIAL BANK OF ) V. R. Jhanji COMMERCE ) for the Appellant ) (Plaintiff) Respondent ) A. M. Mariani ) for the Respondent - and - ) ) MARIAM ADAM ) Appeal heard and ) Decision pronounced: (Defendant) Appellant ) April 9, 2018 BURNETT JA (for the Court): [ 1 ] The defendant appeals a decision granting

summary judgment to the plaintiff. [ 2 ] The standard of review applicable on an appeal from a

summary judgment order is set out in Perth Services Ltd v Quinton et al , 2009 MBCA 81 at paras 22-28 . [ 3 ] The defendant raises numerous grounds of appeal. The grounds are wide-ranging and include lack of proof of the amount outstanding, expiry of the limitation period, estoppel, an absence of good faith and the alleged illegality of the interest rate charged on the outstanding accounts. Many of these grounds were either abandoned before the motion judge or are new grounds raised for the first time on appeal.

Appeals should not be conducted on that basis (see Harder v Manitoba Public Insurance Corp et al , 2012 MBCA 101 at para 12 ). [ 4 ] There is no merit to this appeal. [ 5 ] To quote this Court’s decision in Coral-Reef Holdings Ltd v Canadian Imperial Bank of Commerce , 1995 CarswellMan 33 at para 25 , “The Bank’s case is the essence of simplicity.” The defendant agreed to the terms of the credit card agreement and used the credit cards.

She did not deny any of the transactions contained in the monthly statements nor did she deny the indebtedness. [ 6 ] The motion judge did not err or misdirect himself, his decision on the merits of the motion is not so clearly wrong as to amount to an injustice, and there is no basis to interfere with his decision regarding costs. [ 7 ] The appeal is therefore dismissed with costs to the plaintiff. JA CJM JA