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Ontario Court of Appeal allowed the appeal in part, set aside judgment against the corporate appellants and remitted that issue, while otherwise upholding summary judgment and dismissing the counterclaim.
The Court dismissed the appeal, holding the summary trial judge did not err in proceeding summarily, his factual findings rejecting the defences were supported by the uncontested record and discovery, and there was no risk of double recovery because the guarantees imposed joint and several liability and the company had not paid the debt.
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The court dismissed Bank of Montreal’s summary trial application over disputed personal guarantees, holding that conflicting affidavit evidence and credibility issues required a full trial.
The Court of Appeal upheld the motion judge's discretionary decision that the record allowed summary disposition: the bank established entitlement to judgment, the appellant's asserted defences lacked an air of reality given her admitted signatures, business role and sophistication, there was no special relationship imposing a duty on the bank to explain the guarantee, and procedural rules justified refusal to admit the late amended defence and the appellant's discovery transcript; accordingly summary judgment and the monetary award were affirmed and the appeal dismissed.
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The court dismissed a landlord’s CTA petition for possession as an abuse of process because an earlier active action between the same parties already raised the same dispute.
The court granted summary trial judgment to Bank of Montreal on personal guarantees, rejecting misrepresentation, unconscionability, non est factum, and fraud defenses.
The court allowed a mid-trial amendment to the plaintiff’s claim about a jewellery theft, finding the new allegations were tied to the existing pleadings and any prejudice could be managed.
Court of Appeal dismissed an appeal over a construction dispute, holding the release-payment issue was within the pleadings and no palpable error arose from the adverse inference.
The court upheld a July 2017 release in a construction dispute, rejected non est factum, but found the defendants failed to repay $100,000 owed under the release.
The court resolved a family property dispute over the McMaster Property, finding no proven purchase contribution by Henry and holding the 2009 transfer was invalid.
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