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Application to extend time to appeal granted in a foreclosure dispute, because the respondents showed arguable merit arising from disputed accounting issues.
The appeal is dismissed because the Forbearance Agreement and the June 6, 2016 waiver by the borrower precluded an Interest Act defence, the appellants as directing minds who participated and were represented consented to that waiver, and therefore the guarantees are enforceable for the amounts as settled; the court did not need to decide whether the Loan Agreement independently violated s.4 of the Interest Act.
Source excerpt
The court dismissed a summary trial application over disputed legal-fee payments under a September 23, 2002 letter, holding the issues required a conventional trial.
The court set contingency-based damages for breach of a best-efforts clause, found no deemed agreement with CIBC Finance, and held the guaranteesâ fee clauses did not apply.
The forged November 1997 acknowledgement did not discharge the appellants' guarantees because the appellants knowingly provided signed acknowledgements in May 1999 reaffirming their guarantees, the bank did not enforce the forged document and the appellants suffered no prejudice; therefore the guarantees remained enforceable and the appeal was dismissed.
Source excerpt
The court annulled John Geraint (Gary) Daviesâs consumer proposal because a large guaranteed debt to AFC was not disclosed and AFC received no notice.
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