Business Development Bank of Canada v. Goodfellow

Business Development Bank of Canada v. Goodfellow

Because the guarantee's terms are clear and unambiguous, parol evidence could not be admitted to contradict those terms; accordingly the motion judge did not err in granting summary judgment enforcing the guarantee and the appeal was dismissed.

Citation
2008 ONCA 73
Parties
Plaintiff (respondent on Appeal): Business Development Bank of Canada; Defendant (appellant on Appeal): Terrence Goodfellow
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
7 February 2008
Procedural Posture
Collection / Appeal From Motion Judge's Summary Judgment (court of Appeal Hearing)
Outcome
Appeal dismissed; summary judgment on the guarantee affirmed.
Legal Topics
Summary Judgment, Parol Evidence Rule, Enforcement of Guarantee, Assignment of Security, Costs
Source Language
English
Civil Collection Contract Guarantee Summary Judgment Parol Evidence Rule Enforcement of Guarantee Assignment of Security +1 more

Case Brief

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Parties

Business Development Bank of Canada

Plaintiff (respondent on Appeal)

Terrence Goodfellow

Defendant (appellant on Appeal)

Procedural Posture

Collection / Appeal From Motion Judge's Summary Judgment (court of Appeal Hearing)

Legal Issues

  1. 1 Whether the motion judge erred in granting summary judgment on the guarantee
  2. 2 Whether parol evidence may be admitted to contradict the clear terms of the guarantee
  3. 3 Whether the appellant is entitled to an assignment of the security the bank purportedly agreed to look to before enforcing the guarantee

Ratio Decidendi

Because the guarantee's terms are clear and unambiguous, parol evidence could not be admitted to contradict those terms; accordingly the motion judge did not err in granting summary judgment enforcing the guarantee and the appeal was dismissed.

Court Disposition

Appeal dismissed; summary judgment on the guarantee affirmed.

Orders

  • Appeal dismissed.
  • Summary judgment enforcing the guarantee affirmed.