Katrina Marciniak

The appellant signed a guarantee included within a registered mortgage document.

Following a default and power of sale resulting in a deficiency, the mortgagee sued the appellant on the guarantee.

The appellant moved for summary judgment, arguing the action was statute-barred under the two-year limitation period for demand obligations in the Limitations Act, 2002.

The motion judge dismissed the motion, finding the ten-year limitation period under the Real Property Limitations Act applied.

The Court of Appeal upheld the decision, confirming that guarantees found in a mortgage instrument are governed by the Real Property Limitations Act.

The appellants appealed a summary judgment granted in favour of the respondent on a promissory note, share purchase agreement, and guarantee.

The appellants relied on an alleged collateral agreement as a defence.

The Court of Appeal dismissed the appeal, finding no evidence of any collateral agreement in the record to justify looking behind the terms of the written documents.