The plaintiff brought a motion for summary judgment on a business loan against the corporate borrower and the individual guarantor.
The individual defendant argued she was told by a representative of the plaintiff that she would not be personally liable on the guarantee.
The court utilized its expanded fact-finding powers to hear oral evidence from the individual defendant.
The court found the defendant's evidence lacked credibility and concluded she knew she was guaranteeing the loan.
Summary judgment was granted for the outstanding loan amount.