Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The court held the summary judgment did not present special circumstances warranting deviation from Tariff C: the issue was not complex, the claim against the sureties remained premature and the order did not justify a multiplier; accordingly costs were fixed at the Tariff C base of $1000 plus disbursements $114.40 to the respondents.
Source excerpt
The pleadings failed to allege that Rosella Shaddock defaulted on payment of a court order against her, which the 2016 bond requires to trigger liability of the named sureties; therefore the pleadings disclose no cause of action against Wayne and Leanne Shaddock and the claim against them must be set aside and dismissed, warranting summary judgment.
Source excerpt
Summary trial in a pipeline payment dispute was dismissed because the plaintiff’s evidence was too sparse to prove entitlement to payment or resolve set-off issues.
Majority: Can-Win Leasing made unilateral, voluntary payments to the bank without notice to the co-surety and without evidence that default was imminent or that payment was reasonably necessary; those payments were therefore officious and discharged the obligation so there is no right of contribution from Mr. Moncayo; the later assignment and s.2 of the Mercantile Law Amendment Act do not revive a lost equitable right to contribution. Appeal dismissed and trial judgment affirmed.
Source excerpt
The Court of Appeal dismissed Coast’s appeal, holding that rectification was not available and that A.K.S. was an accommodation surety discharged by Coast’s premature mortgage registration.
The court held that the 2006 standard form continuing all accounts guarantee contained clear and unambiguous language contracting out of the common law/equitable protection against material alterations; the increases and changes to the loan were contemplated and authorized by the guarantee and by the independent legal advice acknowledged by Cusack, therefore the guarantee remained enforceable and summary judgment for RBC against Cusack for $250,000 plus interest was appropriate.
Source excerpt
The motion for a stay was dismissed because the appellants failed to show exceptional circumstances; the proceedings below are concluded and any alleged error in the summary determination of quantum should be resolved by the appellate panel on a full record rather than by interim stay.
Source excerpt
The court held that (1) the bond's unambiguous wording and precedent support a broad definition of 'claimant' so ACS, a subcontractor without privity, is entitled to recover from the surety the monies owed by Caribou ($86,201.64 as at June 21, 2012); (2) APM's application for interpleader was dismissed because the court could resolve the competing claims; and (3) APM will be discharged of obligations to CRA if it pays CRA $94,441.36 owed to Caribou, and payment to ACS by Travelers will discharge Travelers' obligations under the bond vis-à-vis ACS.
Source excerpt
The court granted judgment on a promissory note, upheld garnishment, and held that Choi was not an accommodation-maker, while also allowing indemnity and contribution claims.
La Cour accueille la demande de Travelers et condamne le défendeur à l’indemniser après paiement d’un cautionnement lié à un dépôt de logement neuf.
Explore more
