James Murray Butson

The appellants failed to appear for their appeal.

The Court of Appeal for Ontario dismissed the appeal as abandoned and awarded costs of $2,000 to the respondent bank.

The appellants appealed a summary judgment granted in favour of the respondent bank.

The Court of Appeal allowed the appeal and set aside the summary judgment, finding that there were genuine issues for trial related to the defences of promissory estoppel and trust.

Costs of $14,000 were awarded to the appellants.

The appellants appealed a summary judgment enforcing a mortgage guarantee.

The appellant guarantor argued he believed he was consenting to a six-month renewal rather than a 60-month renewal.

The Court of Appeal dismissed the appeal, finding that the signed renewal document clearly indicated 60 months and the appellant failed to provide sufficient evidence to establish a genuine issue for trial.