HSBC Bank Canada v. Guido

HSBC Bank Canada v. Guido

The appeal was dismissed because the motion judge correctly concluded, on the evidentiary record, there was no admissible evidence supporting alleged agency or conspiracy claims and contractual non-reliance clauses barred reliance on alleged external representations; accordingly summary judgment for HSBC was proper, refusal to adjourn or stay enforcement was justified, and the costs award did not disclose an obvious error.

Citation
2025 ONCA 684
Parties
Plaintiff (respondent); Defendant to Counterclaim (respondent): HSBC Bank Canada; Defendant (appellant); Plaintiff by Counterclaim (appellant): Antonio Guido; Defendant to Counterclaim (respondent): Michael Thomas & Associates Ltd.; Defendant to Counterclaim (respondent): Bruno Campoli; Defendant to Counterclaim (respondent): John Doe 1-X
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
2 October 2025
Procedural Posture
Civil Appeal (enforcement of Personal Guarantee) / Court of Appeal Decision on Summary Judgment and Costs
Outcome
Appeal dismissed; summary judgment for HSBC affirmed; leave to appeal costs denied; respondent awarded costs of appeal.
Legal Topics
Summary Judgment, Personal Guarantee, Agency Authority, Misrepresentation, Conspiracy, Discovery, Adjournment, Stay of Enforcement, Costs Award
Source Language
English
Contract Agency Civil Procedure Tort Costs Summary Judgment Personal Guarantee Agency Authority +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

HSBC Bank Canada

Plaintiff (respondent); Defendant to Counterclaim (respondent)

Antonio Guido

Defendant (appellant); Plaintiff by Counterclaim (appellant)

Michael Thomas & Associates Ltd.

Defendant to Counterclaim (respondent)

Bruno Campoli

Defendant to Counterclaim (respondent)

John Doe 1-X

Defendant to Counterclaim (respondent)

Procedural Posture

Civil Appeal (enforcement of Personal Guarantee) / Court of Appeal Decision on Summary Judgment and Costs

Legal Issues

  1. 1 Whether there was a genuine issue requiring a trial on alleged agency and conspiracy claims
  2. 2 Whether contractual non-reliance/non-waiver clauses precluded reliance on extrinsic representations
  3. 3 Whether the motion judge erred in refusing adjournment and further discovery

Ratio Decidendi

The appeal was dismissed because the motion judge correctly concluded, on the evidentiary record, there was no admissible evidence supporting alleged agency or conspiracy claims and contractual non-reliance clauses barred reliance on alleged external representations; accordingly summary judgment for HSBC was proper, refusal to adjourn or stay enforcement was justified, and the costs award did not disclose an obvious error.

Court Disposition

Appeal dismissed; summary judgment for HSBC affirmed; leave to appeal costs denied; respondent awarded costs of appeal.

Orders

  • Summary judgment in favour of HSBC Bank Canada affirmed
  • Appeal dismissed