Itzik Basman

The defendants brought a motion for summary judgment dismissing a fraud action arising from an automobile lease transaction.

The plaintiffs alleged that signatures on credit applications associated with the lease were forged and sought substantial damages for fraud and fraudulent misrepresentation.

The court held that the expert handwriting report relied upon by the plaintiffs was inadmissible because it was appended to another affidavit and lacked a proper evidentiary foundation.

Even if forgery were assumed, the plaintiffs failed to establish damages and the claim was also found to be statute‑barred under the Limitations Act.

Applying the principles from Hryniak v. Mauldin, the court concluded there was no genuine issue requiring a trial and dismissed the action.

The respondent bank provided credit facilities to a corporate debtor, secured by general security agreements and guaranteed by the appellants.

After the debtor defaulted and went bankrupt, the bank realized on the security without giving the required statutory notice to the appellant guarantors under the Personal Property Security Act (PPSA).

The bank then sued the guarantors for the deficiency.

The Divisional Court upheld the motion judge's decision that the bank's failure to give notice under the PPSA did not preclude it from enforcing the guarantee, as the bank had an independent contractual and common law right to sue for the deficiency.

The Court of Appeal for Ontario issued an endorsement regarding costs following an appeal.

The appellants submitted costs submissions, while the respondent provided no response.

The court fixed costs in the amount of $20,000 plus disbursements and G.S.T.

The Vernon companies hired Headline, an auctioneering firm, to sell assets.

Headline breached the agreement by failing to deposit over $100,000 into a joint account and breached its fiduciary duty by attempting to secretly sell assets to its own companies.

The Vernon companies subsequently refused to allow Headline to sell the remaining assets.

The Court of Appeal held that Headline's substantial breach of contract and fiduciary duty excused the Vernon companies from further performance.

The Court restored the trial judge's award of $5,000 in punitive damages against Headline for its high-handed and arbitrary conduct.