2 total
Appeal dismissed; trial judge did not err in finding lawyer had authorization to disburse mortgage funds.
The appellant appealed the dismissal of his claim against a lawyer for conversion, breach of trust, and money had and received arising from a mortgage transaction.
The trial judge found the lawyer acted for the mortgagee, not the appellant, and had authorization from the appellant's solicitor to disburse the funds.
The Divisional Court dismissed the appeal, finding the appellant could not raise a new argument regarding the sufficiency of authorization on appeal, and that the trial judge made no errors in principle regarding evidentiary rulings on bankruptcy documentation or the costs award.
Guarantors held liable under guarantees despite blaming each other for corporate debt.
A secured creditor applied for judgment against individual guarantors following the borrower corporation’s receivership.
The respondents had executed personal guarantees securing corporate indebtedness totaling $140,000.
Each guarantor attempted to shift responsibility to the other and argued the creditor should first exhaust recovery against the corporation.
The court held the guarantees expressly permitted the creditor to proceed directly against the guarantors without exhausting recourse against the principal debtor.
Finding no tenable defence, the court granted judgment against both guarantors for the guaranteed amounts plus interest and costs.
