Toronto-Dominion Bank v. Saville
The guarantee's terms unambiguously prevented the defendant/appellant from pursuing claims as guarantor, secured creditor or by counterclaim; the motions judge correctly applied precedent (Toronto Dominion Bank v. McCowan) and the appeal is dismissed with costs.
Source-derived case information.
- Citation
- C35305
- Parties
- Plaintiff (respondent): The Toronto-Dominion Bank; Defendant Appellant: John Saville; Defendant Appellant: Ronald Stinson
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 20 December 2001
- Procedural Posture
- Collection / Appeal
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Guarantee Terms, Guarantor Rights, Counterclaim, Enforceability of Contract Terms
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Toronto-Dominion Bank
Plaintiff (respondent)
John Saville
Defendant Appellant
Ronald Stinson
Defendant Appellant
Procedural Posture
Collection / Appeal
Legal Issues
- 1 Whether the terms of the guarantee prevented the guarantor from pursuing claims as guarantor, secured creditor or by counterclaim
- 2 Whether the motions judge erred in applying precedent in interpreting the guarantee
Ratio Decidendi
The guarantee's terms unambiguously prevented the defendant/appellant from pursuing claims as guarantor, secured creditor or by counterclaim; the motions judge correctly applied precedent (Toronto Dominion Bank v. McCowan) and the appeal is dismissed with costs.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Toronto-Dominion Bank v. Saville Collection Decisions of the Court of Appeal Date 2001-12-20 Docket numbers C35305 Judges Carthy, James Joseph; Abella, Rosalie Silberman; Sharpe, Robert J. Subject Civil Decision Content DATE: 20011220 DOCKET:C35305 COURT OF APPEAL FOR ONTARIO RE: THE TORONTO-DOMINION BANK (Plaintiff (Respondent)) – and – JOHN SAVILLE and RONALD STINSON (Defendants Appellant)) BEFORE: CARTHY, ABELLA AND SHARPE JJ.A. COUNSEL: John Saville (in person) Mark Muir Rodenburg For the respondent HEARD: December 18, 2001 On appeal from the judgment of Justice B. H. Matheson dated October 10, 2000. ENDORSEMENT [1] Upon review of the authorities and in particular Toronto Dominion Bank v. McCowan (1995), 9 P.P.S.A.C. (2d) 176, we are satisfied that the motions judge was right to say that the terms of the guarantee prevent the defendant/plaintiff by counterclaim from pursuing his claims as guarantor, secured creditor or otherwise. The appeal is dismissed with costs. “J.J. Carthy J.A.” “R.S. Abella J.A.” “Robert J. Sharpe J.A.”