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Because the Claimant represented the Defendant would be given an opportunity to arrange for takeover of the lease, the Defendant relied on that representation to his detriment, and the Claimant then sold the vehicle without reasonable notice, the Claimant is estopped from enforcing the deficiency claim; the claim is dismissed.
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British Columbia Court of Appeal dismissed an appeal challenging ostensible authority to sign bills of sale and the finding that a guarantee was personal.
Safeway recovered a mortgage shortfall and operating expenses from Shah and his company after a failed seniors housing project and foreclosure sale.
The motion judge erred by focusing only on the spousal relationship and elevating the lender's duty to require a written certificate; considering both the relationship and the nature of the transaction, and the totality of the evidence including the appellant's inquiries of counsel and the guarantor's financial interest and admissions, the presumption of undue influence was not established or was rebutted and the mortgage and guarantee are enforceable—summary judgment for the appellant was appropriate.
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The motion judge properly found no genuine issue for trial because the appellants failed to prove they relied on the bank's small business advisor to the exclusion of other sources, failed to show the bank had a sufficient role or breached a duty, and failed to establish causation between any alleged bank conduct and their business losses; accordingly summary judgment for the bank was justified.
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Summary trial was refused in a debt and guarantee dispute because the record could not resolve liability, the security language was unclear, and Manitoba law was not proved.
The appeal was dismissed because the written guarantee expressly prevented imperfect security from affecting guarantor liability, the entire agreement clause barred the alleged collateral variation, parol evidence and promissory estoppel were inapplicable, and the motion judge's factual findings were not palpably and overridingly erroneous.
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The court adjourned the defendant’s discovery, but only on condition that he attend in Vancouver on January 6, 2017 unless the parties agreed otherwise.
Section 1 of the Agreement, read with the signed statement at the foot of the Agreement and the fact Mr. Massalin signed in his personal capacity, constitutes an enforceable personal guarantee of LAFI’s payment obligations; the motion judge’s reasons were adequate; enforcement against the guarantor does not require a prior determination of LAFI’s liability on motion given the undisputed amount owing and LAFI’s receivership.
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Summary trial cross-applications were dismissed because the record did not permit findings on the husband’s capacity or the bank’s disclosure to the wife before she signed the guarantees.
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