Capital One Bank (Canada Branch) v. Hussey, (June 26, 2012), Lindsay 31-12 (ONSC Div. Ct.)

Capital One (Canada Branch) v Larry Richard Hussey and Nancy Louise Hussey

Divisional Court File No. 31-12

Heard on June 26, 2012

ONTARIO

DIVISIONAL COURT, SUPERIOR COURT OF JUSTICE

CAPITAL ONE BANK (CANADA BRANCH)

Plaintiff

(Appeallant)

- and - 

LARRY RICHARD HUSSEY and NANCY LOUISE HUSSEY

Defendants

(Respondents)

ORDER

THIS APPEAL by the plaintiff Capital One Bank (Canada Branch) for an order varying the judgment of Selbie, D.J. dated February 14, 2012 by changing the post-judgment interest awarded from the Courts of Justice Act rate to the contractual rate of 21.7 percent per annum was heard this day at Lindsay

ON READING the Appellant's Factum, Appeal Book and Compendium, and Book of Authorities, and on hearing the submissions of counsel for the appellant, no one appearing for the respondents,

1. THIS COURT ORDERS that the appeal is allowed.  The judgment of Selbie, D.J. in favour of the plaintiff for $6,664.75, costs of $335.00 and post-judgment interest at the Courts of Justice Act rate from February 14, 2012 is set aside.  Judgment shall issue for $6,664.75, costs of $335.00 and post-judgment interest at the contractual rate of 21.7 percent per annum from February 14, 2012.
   
   
2. At the request of the appellant there is no order as to costs of this appeal.

The Honourable Drew S. Gunsolus

Transcribed by Michael Hui on Septmeber 22, 2015.  Original available below.

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Capital One Bank v. Hussey

The Order of Justice Gunsoles arising from the appeal of the Small Claims Court decision in Capital One Bank (Canada Branch) v. Hussey