Rebecca Gosevitz

The appellant appealed a summary judgment dismissing her claim for an accidental death benefit after her son died from a fall from a balcony.

The motion judge used fact-finding powers under Rule 20.04(2.1) to conclude the appellant could not prove the death was accidental rather than suicide.

The Court of Appeal upheld the dismissal against the insurer, finding no error in the motion judge's assessment of the evidence.

However, the Court set aside the dismissal against the employer, as the claim against it was based on misrepresentation and it had not participated in the motion.

The appellants appealed a summary judgment finding them liable on a personal guarantee for a corporate debt.

The guarantee was provided via an email stating 'I will personally guarantee the debt to Pintar in full.

Signed Chris'.

The Court of Appeal dismissed the appeal, agreeing with the motion judge that the email exchange created a binding guarantee, with forbearance in collecting the debt serving as consideration.

The respondent loaned a killer whale to the appellant under a Breeding Loan Agreement.

The respondent later gave notice to terminate the agreement, but the appellant refused to return the whale, arguing the termination right was qualified by a prior Interchange Agreement and extrinsic evidence.

The application judge found the Breeding Loan Agreement was a clear, unambiguous, stand-alone contract permitting termination without cause.

The Court of Appeal upheld this decision, finding no ambiguity that would allow the admission of extrinsic evidence and concluding the termination provision was not commercially unreasonable.