K. Lee

The plaintiffs brought a motion for summary judgment against the defendant guarantor for repayment of a $1,000,000 loan.

The defendants denied borrowing the money, alleging the loan agreement was forged and that the funds were held in trust and disbursed in cash to third parties pursuant to a promissory note.

The court found the evidentiary record from both parties to be deficient, with missing emails, text messages, and financial records, and significant credibility issues on both sides.

The motion for summary judgment was dismissed as the court could not make the necessary findings of fact to achieve a fair and just result without a trial.

The plaintiffs brought a motion for summary judgment regarding a $1,000,000 loan.

The individual defendant alleged his signature on the loan agreement was forged and claimed the funds were distributed according to a promissory note, which the plaintiffs in turn alleged was forged.

Finding that credibility was clearly in issue, the court adjourned the motion and ordered the parties to provide oral evidence pursuant to Rules 20.04(2.1) and (2.2) of the Rules of Civil Procedure to determine if a trial is required.