CITATION: William L. Rutherford Limited v. Iwaskiw, 2009 ONCA 82
DATE: 20090127
DOCKET: C49148
COURT OF APPEAL FOR ONTARIO
O’Connor A.C.J.O., Goudge and Epstein JJ.A.
BETWEEN:
William L. Rutherford Limited and Interactive Freight and Warehousing Ltd.
Plaintiffs (Respondents in Appeal)
and
Terrence William Iwaskiw
Defendant (Appellant)
COUNSEL:
Andrea Habas, for the appellant
David Rubin, for the respondents
HEARD: January 23, 2009
On appeal from the order of Justice D.R. Aston of the Superior Court of Justice dated June 30, 2008.
APPEAL BOOK ENDORSEMENT
[1] We agree with the motion judge that the record gives rise to legitimate issues for trial on the issue of coercion. In our view, many of those issues are also relevant to the examination of legitimacy. We refer, in particular, to Mr. Iwaskiw’s state of mind when he signed the guarantee, the nature of the demand and whether Mr. Iwaskiw had options open to him.
[2] The facts relevant to these issues are in dispute and a trial is therefore warranted.
[3] The appeal is allowed.
[4] Costs of this appeal in favour of the appellant are fixed in the amount of $7,400 inclusive of GST and disbursements. The costs award below is set aside. The respondent shall pay the appellant costs of the summary judgment motion fixed in the amount of $10,000 inclusive of GST and disbursements.