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The Toronto-Dominion Bank v. Defenders Transport Inc. et al.

Key Points:

  • Summary Judgment: The court granted TD Bank’s motion for summary judgment, ruling that there was "no genuine issue requiring a trial." The defendant (Jaskaran Singh Bajwa) did not file any material to challenge the claim or support their defenses.
  • Guarantee Agreement: TD Bank successfully established the existence of a guarantee agreement in which the defendant Bajwa undertook to cover the debt.
  • Costs: TD Bank was awarded partial indemnity costs of $6,354.79. The court limited the costs, expressing disapproval of the venue selection (London, Ontario), which had no substantial connection to the dispute. The court noted this as "forum shopping."
  • Venue Concern: The court criticized TD Bank for bringing the case in London when the dispute was more appropriately connected to Peel County, where the financial commitment was executed.
THE TORONTO-DOMINION BANK
Law Firm / Organization
Lee Bowden Nightingale LLP
Lawyer(s)

Natalie Marconi

DEFENDERS TRANSPORT INC.
Law Firm / Organization
Unrepresented
DEFENDERS LOGISTICS INC.
Law Firm / Organization
Unrepresented
MANJINDER SINGH
Law Firm / Organization
Unrepresented
JASKARAN SINGH BAJWA
Law Firm / Organization
Unrepresented
Superior Court of Justice - Ontario
CV-24-00001439-0000
Corporate & commercial law
$ 6,355
Plaintiff