The plaintiff commercial lender brought a motion for summary judgment against the defendants for outstanding loans and guarantees totaling over $900,000.
The individual defendant sought an adjournment and leave to amend third-party claims against former lawyers and other parties, which the court denied as duplicative and irrelevant.
On the summary judgment motion, the defendant argued the plaintiff had a duty to realize on the collateral before enforcing the guarantees.
The court rejected this defence, finding the guarantees were absolute and unconditional, and granted summary judgment for the debt and possession of the collateral properties.
