The plaintiff brought a motion for judgment based on promissory notes totaling more than $8 million CAD and $290,750 USD, supported by a Confirmation of Indebtedness and a Consent to Judgment signed by the defendant with independent legal advice.
The defendant filed a statement of defence and counterclaim alleging that the notes were executed only to assist the plaintiff with banking arrangements and that the plaintiff breached an investment agreement.
The court found the defence consisted of unsupported bald allegations and that the documentary evidence, including the acknowledgment of indebtedness and consent to judgment, was clear and unambiguous.
Applying the summary judgment principles from Combined Air Mechanical Services Inc. v. Flesch, the court concluded there was no genuine issue requiring a trial.
Summary judgment was granted to the plaintiff and the defendant’s counterclaim and motion to transfer the matter to Toronto were dismissed.
