Jackson v. Solar Income Fund Inc.

Jackson v. Solar Income Fund Inc.

The application judge erred by refusing to consider the broader factual matrix and by proceeding by application; because determining whether the promissory note was modified by a subsequent side-agreement required resolving disputed factual issues and extrinsic evidence, the matter must proceed as the trial of an action.

Citation
2016 ONCA 908
Parties
Respondent (applicant): Jennifer Jackson; Appellant (respondent): Solar Income Fund Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
30 November 2016
Procedural Posture
Civil / Appeal From Application Judgment
Outcome
Appeal allowed; judgment below set aside; application directed to proceed as the trial of an action; costs of the appeal reserved to the trial judge.
Legal Topics
Promissory Note, Interpretation of Instruments, Procedure — Application Vs Action, Demand Notes, Modification by Subsequent Agreement, Costs
Source Language
English
Contract Civil Procedure Commercial/corporate Law Enforcement Promissory Note Interpretation of Instruments Procedure — Application Vs Action Demand Notes +2 more

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Parties

Jennifer Jackson

Respondent (applicant)

Solar Income Fund Inc.

Appellant (respondent)

Procedural Posture

Civil / Appeal From Application Judgment

Legal Issues

  1. 1 Whether the promissory note was enforceable on demand or had been converted into a non-demand obligation by a subsequent side-agreement
  2. 2 Whether the court may look beyond the face of the promissory note to the surrounding factual matrix
  3. 3 Whether proceeding by way of application was appropriate given disputed material facts

Ratio Decidendi

The application judge erred by refusing to consider the broader factual matrix and by proceeding by application; because determining whether the promissory note was modified by a subsequent side-agreement required resolving disputed factual issues and extrinsic evidence, the matter must proceed as the trial of an action.

Court Disposition

Appeal allowed; judgment below set aside; application directed to proceed as the trial of an action; costs of the appeal reserved to the trial judge.

Orders

  • Appeal allowed
  • Judgment below set aside