COURT OF APPEAL FOR ONTARIO
RE:
ROYAL BANK OF CANADA (Plaintiff/Defendant to Counterclaim/Respondent in Appeal) – and – BRODAK CONSTRUCTION SERVICES INC., BRODAK GROUP INC., BART BEAUMONT and SYLVIA BEAUMONT (Defendants/Plaintiffs by Counterclaim/Appellants in Appeal)
RE:
ROYAL BANK OF CANADA (Applicant/Respondent in Appeal) – and – BART BEAUMONT and SYLVIA BEAUMONT (Respondents/Appellants in Appeal)
BEFORE:
LASKIN, MacPHERSON AND LANG JJ.A.
COUNSEL:
Michael O’Connor
for the appellants
Catherine Francis and Sharona Ishmael
for the respondent
HEARD & ENDORSED:
November 3, 2006
On appeal from the judgment of Justice Peter Jarvis of the Superior Court of Justice, dated March 4, 2005.
A P P E A L B O O K E N D O R S E M E N T
1We dismiss the appeal on either of two bases. First, the trial judge found that the dealings between Mr. Beaumont and Ms. Mason on December 14, 1999 did not result in a final arrangement. We think that it was open to the trial judge to make this finding.
2Alternatively, by their terms, both the guarantee and the chattel mortgage were continuing obligations. In our view, the December 1999 financial agreement did not extinguish these obligations.
3Accordingly, the appeal is dismissed with costs fixed in the amount of $7,000.00, all inclusive.