GUARANTEES AND INDEMNITIES - Guarantee - Liability of guarantor

Law360 Canada ( July 20, 2017, 8:24 AM EDT) -- Appeal by the plaintiff, Royal Bank of Canada (Bank), from a decision dismissing its motion for summary judgment on the basis that there was a genuine issue requiring a trial regarding misrepresentation. The respondent, MJL Enterprises Inc. (MJL), borrowed $75,000 from the Bank by way of a Loan Agreement supported by several security documents, including personal guarantees of the individual respondents, which were limited to $75,000. When MJL defaulted and failed to respond to the Bank’s demand for payment, the Bank commenced the present action against MJL and the guarantors. The guarantors argued that they were led to believe that the appellant would provide financing of $150,000, $75,000 of which was to have been made available immediately and the other $75,000 at a later date. Based on the representation, they signed the General Security Agreement and the personal guarantees. They argued that two days later, the Bank reneged on the agreement and advanced only $75,000. The motions judge accepted that evidence....
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