) ) LOCONTE FINE MEATS WILSON LTD., JOE LOCONTE aka GIUSEPPE LOCONTE aka JOSEPH LOCONTE v. PAT, 2018 ONSC 243

CITATION : Loconte Fine Meats Wilson Ltd. v. Royal Bank of Canada, 2018 ONSC 243 DIVISIONAL COURT FILE NO.: 330/17 DATE: 2018 01 09 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT MARROCCO A.C.J.S.C., SWINTON and C. HORKINS JJ.

BETWEEN: ) ) LOCONTE FINE MEATS WILSON LTD., JOE LOCONTE aka GIUSEPPE LOCONTE aka JOSEPH LOCONTE and PAT LOCONTE ) ) ) ) Gregory Gryguc , for the Defendants/Appellants ) ) Defendants/Appellants ) ) – and – ) ) ROYAL BANK OF CANADA ) Natalie Marconi , for the Plaintiff/Respondent ) ) ) Plaintiff/Respondent ) ) ) HEARD at Toronto: January 9, 2018 SWINTON J. (Orally) [ 1 ] The appellants Loconte Fine Meats Wilson Ltd., and Giuseppe Loconte appeal from the judgment of Pollak J. dated May 26, 2017, in which she granted the motion for

summary judgment brought by the respondent Royal Bank of Canada and ordered the appellants to pay an outstanding amount on a business loan. [ 2 ] The motions judge set out the correct legal principles to be applied on a motion for

summary judgment, and she applied them correctly. [ 3 ] The appellants had raised two defences – ​​​​​​​​​​​​​​​​​​​non est factum and unconscionability, both related to the personal liability of Giuseppe Loconte. [ 4 ] Mr. Loconte does not deny that he executed the operating loan to the company. The motions judge held that there was no evidence to support the defences. She made no palpable and overriding error in so finding.

Given the structure of the loan document, with separate signatures for the corporation and the individual owner, along with a clear warning to the owner respecting personal liability, the motions judge correctly held that there is no genuine issue requiring a trial with respect to the defences raised. We agree that there is no evidentiary basis to raise a genuine issue that required a trial with respect to the defences. [ 5 ] Accordingly, the appeal is dismissed. MARROCCO A.C.J.S.C. [ 6 ] I have endorsed the Appeal Book and Compendium as follows: “Appeal dismissed for oral reasons given today.

Costs in the amount of $9,000 inclusive of disbursements and HST.” ___________________________ SWINTON J.

I agree ___________________________ MARROCCO A.C.J.S.C. I agree ___________________________ C. HORKINS J. Date of Reasons for Judgment: January 9, 2018 Date of Release: January 11, 2018 CITATION : Loconte Fine Meats Wilson Ltd. v. Royal Bank of Canada, 2018 ONSC 243 DIVISIONAL COURT FILE NO.: 330/17 DATE: 2018 01 09 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT A.C.J. MARROCCO, SWINTON and C. HORKINS JJ. BETWEEN: LOCONTE FINE MEATS WILSON LTD., JOE LOCONTE aka GIUSEPPE LOCONTE aka JOSEPH LOCONTE and PAT LOCONTE Defendants/Appellants – and – ROYAL BANK OF CANADA Plaintiff/Respondent ORAL REASONS FOR JUDGMENT SWINTON J.

Date of Reasons for Judgment: January 9, 2018 Date of Release: January 11, 2018