The appellants appealed a motion judge's decision that the respondent bank, as the holder of the appellants' guarantee, was not a 'secured creditor' under section 2 of the Farm Debt Mediation Act.
The Court of Appeal agreed with the motion judge, finding that the respondent was not required to give the appellants notice under section 21(1) of the Act before commencing an action on the guarantee.
The appeal was dismissed with costs.
