LOLG Wins Appeal of Summary Judgment Motion
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On February 19, the Ontario Court of Appeal released its decision overturning a judgment granted against three individuals who gave personal guarantees to the Royal Bank of Canada on behalf of a corporate borrower. The decision gives important guidance on the manner in which credibility issues are to be determined on summary judgment as well as the interplay between the defence of misrepresentation and entire agreement clauses in guarantees. The decision can be found here: Royal Bank of Canada v. 1643937 Ontario Inc.