CITATION: Metro Label Company Ltd. v. Satkunarajah, 2007 ONCA 412
DATE: 20070605
DOCKET: C45846
COURT OF APPEAL FOR ONTARIO
SHARPE, JURIANSZ JJ.A. and CHAPNIK J. (Ad hoc)
BETWEEN:
METRO LABEL COMPANY LTD. and NARINDER LAL
Plaintiffs (Respondents)
and
THARMALINGAM SATKUNARAJAH and KALAYINI SATHASIVAM
Defendants (Appellants)
Angela Assuras for the appellants
Eric M. Wolfman and Shanthi E. Senthe for the respondents
Heard and endorsed: June 4, 2007
On appeal from the judgment of Justice J.P. Moore of the Superior Court of Justice dated July 21, 2006.
APPEAL BOOK ENDORSEMENT
[1] We see no error on the part of the motion judge granting summary judgment on two guarantees whereby the individual defendants guaranteed the indebtedness of a corporation they owned and controlled. The evidence fails to give rise to a triable issue that there was an enforceable agreement between the plaintiffs and the defendants corporation for work to be done. Moreover, even if there were evidence of such a contract, there is nothing to indicate that it was a term of the guarantee. We agree with the motion judge’s disposition of the other defences raised. Costs fixed at $2000 inclusive of GST and disbursements.