Court of Appeal for Ontario
Date: 20220114 Docket: C69236
Huscroft, Trotter and Coroza JJ.A.
Between:
Barry James Gallant Plaintiff (Appellant)
and
556614 Ontario Inc. and Miranda Bailey also known as Miranda Wendover Bailey Defendants (Respondents)
Counsel: Kevin Sherkin, for the appellant Benjamin E. Jefferies, for the respondent Miranda Bailey
Heard: January 13, 2022 by video conference
On appeal from the order of Justice Michael N. Varpio of the Superior Court of Justice, dated March 1, 2021.
Reasons for Decision
[1]
Analysis
The appellant argues that the motion judge erred in finding that the respondent’s obligations as guarantor on the mortgage loan by the appellant to the numbered company 556614 Ontario Inc. ended on June 28, 2014, and that she was therefore not bound by subsequent extensions of the mortgage, made without notice to her.
2We disagree.
3The motion judge properly considered all of the documents that formed the parties’ agreement, including the standard terms, the mortgage agreement, and the mortgage schedule. It was conceded that if the standard terms applied, the respondent was liable to pay on the guarantee. Thus, the outcome turned on whether the standard terms were modified by the mortgage agreement.
4The motion judge found that they were. Although the mortgage schedule does not refer to a specific period of time, in setting out the guarantor’s obligations it refers to “the dates and times and in the manner above limited”. It was open to the motion judge to find that this limited the guarantor’s obligation in accordance with the terms set out in the mortgage agreement, thus modifying the standard terms. As a result, the duration of the guarantee was limited to the 12-month period set out in the mortgage agreement.
5We see no palpable and overriding error in the motion judge’s decision. His interpretation is reasonable and entitled to deference in this court.
[6]
Disposition
Accordingly, the appeal is dismissed.
[7]
Costs
The respondent is entitled to costs in the agreed amount of $6,000, all inclusive.
“Grant Huscroft J.A.”
“Gary Trotter J.A.”
“S. Coroza J.A.”