Nova Credit Union Ltd. v. Dunn

Nova Credit Union Ltd. v. Dunn

Adjudicator found no evidence of misrepresentation, dishonesty or bad faith; documentation was provided and the experienced lender's explanation was credible; there was no ambiguity in the written guarantee, so parole evidence did not vary the contract; therefore the personal guarantee was enforceable and judgment entered for the full claimed amount plus costs.

Citation
2010 NSSM 55
Parties
Claimant: Nova Credit Union Limited; Defendant: Gregory Delsworth Dunn; Defendant: Paulette Sally Dunn
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 September 2010
Procedural Posture
Small Claims Court / Decision (final)
Outcome
Claim granted in full
Legal Topics
Personal Guarantee, Loan Guarantee Program, Misrepresentation, Good Faith, Disclosure
Source Language
English
Contract Law Commercial Law Consumer Finance Personal Guarantee Loan Guarantee Program Misrepresentation Good Faith Disclosure

Case Brief

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Parties

Nova Credit Union Limited

Claimant

Gregory Delsworth Dunn

Defendant

Paulette Sally Dunn

Defendant

Procedural Posture

Small Claims Court / Decision (final)

Legal Issues

  1. 1 Whether oral representations about a provincial loan guarantee limited the scope of the written personal guarantee
  2. 2 Whether misrepresentation or bad faith by the lender vitiated the written guarantee
  3. 3 Whether parole evidence could be used to vary the written guarantee in absence of ambiguity

Ratio Decidendi

Adjudicator found no evidence of misrepresentation, dishonesty or bad faith; documentation was provided and the experienced lender's explanation was credible; there was no ambiguity in the written guarantee, so parole evidence did not vary the contract; therefore the personal guarantee was enforceable and judgment entered for the full claimed amount plus costs.

Court Disposition

Claim granted in full

Orders

  • Defendants jointly and severally pay claimant $24,493.82
  • Defendants jointly and severally pay court costs $179.36