CIVIL PROCEDURE - Judgments and orders - Summary judgments - No triable issue

Law360 Canada (May 25, 2023, 6:00 AM EDT) -- Appeal by the appellants from the summary judgment enforcing guarantees and dismissing their counterclaim. They argued that among other things, the motion judge erred in law in applying the test and procedure for summary judgment. The appellants also sought leave to introduce fresh evidence to support their appeal. The appellants were father and son and their family owned and operated The Rehill Company Limited (Rehill). The father operated the business for many years and passed down the business to the son. Rehill ran into financial difficulties and became unable to pay its creditor and supplier, Castle Building Centres Group Ltd. (respondent). The appellants provided separate personal guarantees for Rehill’s debt. Respondent attempted to enforce appellants' personal guarantees. The respondent filed a Statement of Claim against Rehill. The appellants defended and counterclaimed. The respondent moved for summary judgment. By the time the motion was heard, Rehill had been forced into receivership and adjudged bankrupt. The motion judge found there were no genuine issues for trial. The summary judgment motion was granted, the guarantees enforced, and the appellants’ counterclaim was dismissed. The appellants sought to introduce fresh evidence which consisted of an affidavit by the son containing several documents he asserted were discovered only recently from his own personal records....
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