Source: CanLII

CITATION: Equitable Bank c. Bitchoka, 2026 ONCA 232
DATE: 20260330
DOCKET: COA-25-CV-0782

Rouleau, Thorburn and Favreau JJ.A.

BETWEEN

Equitable Bank
Plaintiff (Respondent)

and

Jean Bernard Bitchoka
Respondent (Appellant)

Jean Bernard Bitchoka, in person

Andrew J.F. Lenz et Mira Nemr, for the Respondent

Heard and rendered orally: March 23, 2026

On appeal from the order of Justice Alexandre Kaufman of the Superior Court of Justice, dated May 15, 2025

REASONS

[1] The appellant, Jean-Bernard Bitchoka, appeals an order rendered after a motion for summary judgment. The judgment granted the respondent, Equitable Bank, the posession of Mr. Bitchoka's residence and ordered him to pay $659,029.88 to Equitable Bank.

[2] There is no merit to Mr. Bitchoka's appeal. The motion judge addressed Mr. Bitchoka's arguments, including his argument that the judgment was contrary to the Canadian Mortgage Charter. As observed by the motion judge, this document is a part of the 2023 Fall Economic Statement of the Federal Government, Ottawa, Minster of Finance, 2023. It does not have the force of law and does not supplant the terms of the contract between Mr. Bitchoka and Equitable Bank.

[3] There is also no merit to Mr. Bitchoka's position that the motion judge should not have decided this case by way of summary judgment. There was no conflict in the evidence. Mr. Bitchoka acknowledges that he has not paid the monthly payments owed to Equitable Bank, even after adjustments to the payment amounts and an extension of the deadline for payment. He was therefore in default. The contract between the parties permitted Equitable Bank to take possession of his property if there was a default. Equitable Bank gave the required notice. The motion judge did not commit any error in rendering judgment by way of summary judgment.

[4] The appeal is dismissed. Costs are awarded to the respondent in the amount of $12,000, including disbursements and taxes.

“Paul Rouleau J.A.” “Thorburn J.A.” “L. Favreau J.A.”