Robert Riteman

The appellants appealed a summary judgment, arguing the motion judge erred in calculating the amounts owing under a loan and guarantee.

Both parties agreed that calculation errors occurred and consented to rectifying the judgment amounts for two of the guarantors.

The Court of Appeal rectified the judgment accordingly and ordered a trial on the discrete issue of whether one guarantor's liability was limited to 25 percent of the outstanding loans.

The Court of Appeal dismissed the appeal for oral reasons given.

Costs of the appeal were awarded to the respondent in the fixed amount of $4,000 all inclusive.

The appellants appealed a summary judgment granted in favour of the respondent trustee in bankruptcy on a guarantee signed by the appellants for the respondent's fees.

The motions judge had also directed a reference to the Registrar in Bankruptcy to determine the reasonable quantum of those fees.

The Court of Appeal dismissed the appeal, finding that the lack of independent legal advice was not a free-standing defence and there was no evidence the appellants misunderstood the guarantee.

The Court also upheld the motions judge's discretion under the Rules of Civil Procedure to direct a reference to the Registrar in Bankruptcy.