COURT OF APPEAL FOR ONTARIO
RE:
THE TORONTO-DOMINION BANK (Plaintiff (Respondent)) – and – JOHN SAVILLE and RONALD STINSON (Defendants Appellant))
BEFORE:
CARTHY, ABELLA AND SHARPE JJ.A.
COUNSEL:
John Saville (in person)
Mark Muir Rodenburg
For the respondent
HEARD:
December 18, 2001
On appeal from the judgment of Justice B. H. Matheson dated October 10, 2000.
E N D O R S E M E N T
1Upon review of the authorities and in particular Toronto Dominion Bank v. McCowan (1995), 9 P.P.S.A.C. (2d) 176, we are satisfied that the motions judge was right to say that the terms of the guarantee prevent the defendant/plaintiff by counterclaim from pursuing his claims as guarantor, secured creditor or otherwise. The appeal is dismissed with costs.
“J.J. Carthy J.A.”
“R.S. Abella J.A.”
“Robert J. Sharpe J.A.”