The plaintiff bank brought a motion for summary judgment against the corporate defendant for defaulting on a commercial loan and against the personal defendants on their guarantees.
The defendants argued they did not understand the loan documents and that the Covid-19 pandemic frustrated the contract.
The court granted summary judgment, finding no evidence to support the defence of non est factum and holding that the pandemic did not alter the fundamental nature of the lending agreement, especially since the business was already failing prior to the pandemic.
