Court File and Parties
CITATION: Daimlerchrysler Financial Services v. Cene and Demeke, 2011 ONSC 6609
DIVISIONAL COURT FILE NO.: 201/11
DATE: 20111107
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
LEITCH, SWINTON AND HARVISON YOUNG JJ.
BETWEEN:
DAIMLERCHRYSLER FINANCIAL SERVICES CANADA INC. operating as CHRYSLER FINANCIAL Plaintiff (Respondent)
– and –
REMZI CENE and MESERAT DEMEKE MULU Defendants (Appellants)
G. F. Camelino, for the Plaintiff/ Respondent
Meserat Demeke, In Person
HEARD at Toronto: November 7, 2011
Oral Reasons for Judgment
SWINTON J. (ORALLY)
[1] While the circumstances of the appellant are regrettable, the trial judge made no reviewable error.
[2] The trial judge did not err in finding the appellant jointly liable for the debt, given the terms of the lease agreement signed.
[3] The doctrine of res judicata does not apply as the parties in this proceeding are not the same as those in the proceeding which resulted in a default judgment against Mr. Cene.
[4] Pursuant to s.139(1) of the Courts of Justice Act, R.S.O. 1990, c. C. 43, where two or more persons are jointly liable in respect of the same cause of action, a judgment against one of them does not preclude judgment against the other.
[5] The trial judge did not misconstrue the evidence of Remzi Cene. While Mr. Cene testified that he asked the appellant to sign a one year guarantee, that provision is not contained in the agreement she signed with the respondent. The respondent is not bound by Mr. Cene’s promise, and the appellant is bound by the obligations to the respondent pursuant to the agreement she signed. There is nothing in that agreement that limits her obligation to one year.
[6] The trial judge made no error of law nor is there any palpable and overriding error of fact. Therefore, the appeal is dismissed.
HARVISON YOUNG J.
[7] Costs of this appeal at $1,800.00, payable within sixty days.
SWINTON J.
LEITCH J.
HARVISON YOUNG J.
Date of Reasons for Judgment: November 7, 2011
Date of Release: November 18, 2011
Footer
CITATION: Daimlerchrysler Financial Services v. Cene and Demeke, 2011 ONSC 6609
DIVISIONAL COURT FILE NO.: 201/11
DATE: 20111107
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
LEITCH, SWINTON AND HARVISON YOUNG JJ.
BETWEEN:
DAIMLERCHRYSLER FINANCIAL SERVICES CANADA INC. operating as CHRYSLER FINANCIAL Plaintiff (Respondent)
– and –
REMZI CENE and MESERAT DEMEKE MULU Defendants (Appellants)
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: November 7, 2011
Date of Release: November 18, 2011