Bank of Nova Scotia v. Antech Electric Ltd.

Bank of Nova Scotia v. Antech Electric Ltd.

The motion judge properly rejected the alleged oral modification as lacking an air of reality and inconsistent with the written loan agreement; the appellate court afforded deference to that factual and credibility assessment and dismissed the appeal.

Citation
2011 ONCA 492
Parties
Plaintiff (respondent): Bank of Nova Scotia; Defendants (appellants): Antech Electric Ltd.; Claudio A. Dipalma (also known as Claudio Anthony Di Palma; Claudio DiPalma; Anthony Dipalma)
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
6 July 2011
Procedural Posture
Collection / Appeal Court of Appeal Decision on Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Oral Modification of Contract, Guarantee Validity, Costs
Source Language
English
Civil Collection Contract Summary Judgment Oral Modification of Contract Guarantee Validity Costs

Case Brief

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Parties

Bank of Nova Scotia

Plaintiff (respondent)

Antech Electric Ltd.; Claudio A. Dipalma (also known as Claudio Anthony Di Palma; Claudio DiPalma; Anthony Dipalma)

Defendants (appellants)

Procedural Posture

Collection / Appeal Court of Appeal Decision on Appeal From Summary Judgment

Legal Issues

  1. 1 Whether an oral agreement modified the written loan agreement to remove demand status
  2. 2 Whether the motion judge erred in concluding the oral modification claim lacked an air of reality
  3. 3 Validity of the guarantee (not pursued at oral argument)

Ratio Decidendi

The motion judge properly rejected the alleged oral modification as lacking an air of reality and inconsistent with the written loan agreement; the appellate court afforded deference to that factual and credibility assessment and dismissed the appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to respondent in the amount of $4,000 inclusive of disbursements and all applicable taxes