Court of Appeal for Ontario

CITATION: Goodlaw Management Inc. v. Keuroghlian, 2010 ONCA 125

DATE: 20100216

DOCKET: C51122

BEFORE: Sharpe, Rouleau and Epstein JJ.A.

BETWEEN:

Goodlaw Management Inc.

Respondent (Plaintiff)

and

Arda Keuroghlian, Sonia Keuroghlian and Hadji Sarkis Keuroghlian

Appellants (Defendants)

COUNSEL:

Kirkor A. Apel, for the appellants

Peter C. Wardle and Juda Strawczysnki, for the respondent

Heard and released orally: February 10, 2010

On appeal from the judgment of Justice Alison Harvison Young of the Superior Court of Justice, dated September 16, 2009.

ENDORSEMENT

[1] The respondents’ claim is a simple one – the enforcement of security given for legal fees – this security being a guarantee and a mortgage on the house.

[2] The appellants’ indebtedness to the respondents, in an amount greater than $350,000, has been determined. The appellants have admitted that they signed the guarantee for up to $350,000 and accompanying mortgage. Their evidence is that this was made clear to them while they were in the process of obtaining independent legal advice. They signed the certificate of independent legal advice attesting to the fact that they had executed the guarantee and mortgage of their own free will and free from duress and coercion.

[3] The motion judge carefully examined each argument the appellants advanced in response to the respondents’ motion for summary judgment.

[4] We are not persuaded that the motion judge erred in concluding that there is no genuine issue for trial as to whether the respondents are entitled to enforce security freely given for an amount owed to them that has been finally determined. Furthermore, the fact that Mr. Keuroghlian has an outstanding claim against the law firm is not a defence to a claim under the respondents’ guarantee and mortgage.

[5] For these reasons, the appeal is dismissed.

[6] The respondents are entitled to their costs of the appeal fixed at $5,657.45 inclusive of disbursements and G.S.T.

Signed: “Robert J. Sharpe J.A.” “Paul Rouleau J.A.” “Gloria Epstein J.A.”