West v. Allapa Enterprises Inc.

West v. Allapa Enterprises Inc.

Because there was no evidence of any collateral agreement in the record, the court could not look behind the written documents and the motion judge did not err in granting summary judgment; appeal dismissed.

Citation
2010 ONCA 97
Parties
Plaintiff/respondent: Marc West; Defendant/appellant: Allapa Enterprises Inc.; Defendant/appellant: Sean Baird
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
4 February 2010
Procedural Posture
Civil Appeal / Appeal From Superior Court (summary Judgment)
Outcome
Appeal dismissed; summary judgment affirmed
Legal Topics
Summary Judgment, Parol Evidence Rule, Promissory Note, Guarantee, Share Purchase Agreement, Collateral Agreement
Source Language
English
Contract Civil Procedure Evidence Summary Judgment Parol Evidence Rule Promissory Note Guarantee Share Purchase Agreement +1 more

Case Brief

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Parties

Marc West

Plaintiff/respondent

Allapa Enterprises Inc.

Defendant/appellant

Sean Baird

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Superior Court (summary Judgment)

Legal Issues

  1. 1 Whether a collateral agreement existed to vary or negate the written promissory note, share purchase agreement and guarantee
  2. 2 Whether extrinsic evidence may be admitted to contradict a written agreement in the absence of evidence of a collateral agreement
  3. 3 Whether the motion judge erred in granting summary judgment

Ratio Decidendi

Because there was no evidence of any collateral agreement in the record, the court could not look behind the written documents and the motion judge did not err in granting summary judgment; appeal dismissed.

Court Disposition

Appeal dismissed; summary judgment affirmed

Orders

  • Appeal dismissed
  • Summary judgment in favour of the respondent affirmed