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GUARANTEE AND INDEMNITIES - Defences

Friday, August 24, 2018 @ 8:31 AM  

Appeal by the plaintiff from an order setting aside a loan agreement on the basis of fraudulent misrepresentation. The respondent guaranteed a loan by the appellant to a company in which her husband was the principal and she was an employee. The loan went into default. There had been no communications between the respondent and the appellant concerning the terms of the Loan Agreement or her obligations under the Guarantee. The respondent had not read the guarantee before signing it. She had independent legal advice before...