The Toronto-Dominion Bank sought summary judgment against Helen Marie MacNeill, the guarantor of a corporate loan to Cellular Transport Inc., which was in default.
MacNeill argued she had no knowledge of the guarantee, signed under undue influence, and was indemnified by a separation agreement with her former spouse.
The court found no material facts in dispute, noting MacNeill was an equal shareholder and direct beneficiary of the loan.
Her claims of undue influence and *non est factum* were dismissed as her evidence did not meet the legal threshold, and her actions amounted to carelessness.
Summary judgment was granted in favour of the bank for the full amount of the debt.
