The Court of Appeal upheld a summary judgment enforcing personal guarantees, dismissing arguments regarding governing law, standing, and the Bauer rule.
Appeal from a summary judgment enforcing personal guarantees against the appellants in connection with an equipment lease agreement.
The appellants, who signed personal guarantees relating to Altavision Plus Inc.'s obligations under a 2009 equipment lease with Maxium Financial Services Inc., challenged the motion judge's decision on four grounds: (1) misinterpretation of the governing law clause; (2) failure to recognize a defence based on Maxium's failure to claim insurance coverage; (3) loss of standing due to assignment of receivables to Sun Life; and (4) unreasonableness of the costs award.
The Court of Appeal dismissed all grounds of appeal and upheld the summary judgment.
