Meridian Credit Union Limited v. Bishara

Meridian Credit Union Limited v. Bishara

The motion judge correctly concluded there was no genuine issue for trial because the unambiguous, signed guarantee established unlimited liability and the appellant failed to produce corroborating affidavits or other admissible evidence to support her allegation of a contrary oral representation, so summary judgment on the guarantee was proper.

Citation
2018 ONCA 201
Parties
Plaintiff (respondent): Meridian Credit Union Limited; Defendant (appellant): Kiky Arraf Bishara aka Kiky Arraf-Bishara
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
2 March 2018
Procedural Posture
Collection / Appeal From Motion for Summary Judgment
Outcome
Appeal dismissed; motion judge's summary judgment upheld.
Legal Topics
Summary Judgment, Guarantee, Misrepresentation, Evidentiary Burden
Source Language
English
Civil Procedure Contract Debt Collection Summary Judgment Guarantee Misrepresentation Evidentiary Burden

Case Brief

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Parties

Meridian Credit Union Limited

Plaintiff (respondent)

Kiky Arraf Bishara aka Kiky Arraf-Bishara

Defendant (appellant)

Procedural Posture

Collection / Appeal From Motion for Summary Judgment

Legal Issues

  1. 1 Whether the alleged pre‑signing representation that the guarantor would only be liable for 25% created a genuine issue for trial to defeat summary judgment on an unlimited guarantee
  2. 2 Whether the appellant adduced sufficient evidentiary material to establish a triable issue of misrepresentation

Ratio Decidendi

The motion judge correctly concluded there was no genuine issue for trial because the unambiguous, signed guarantee established unlimited liability and the appellant failed to produce corroborating affidavits or other admissible evidence to support her allegation of a contrary oral representation, so summary judgment on the guarantee was proper.

Court Disposition

Appeal dismissed; motion judge's summary judgment upheld.

Orders

  • Appeal dismissed
  • Summary judgment on the guarantee affirmed