Canadian Imperial Bank of Commerce v. Godziuk, (1996) 182 A.R. 145 (QBM)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 21, 1996
• Citations: (1996), 182 A.R. 145 (QBM)

CIBC v. Godziuk (1996), 182 A.R. 145 (QBM)

MLB headnote and full text

Canadian Imperial Bank of Commerce (plaintiff) v. Ricky Godziuk and Paul Godziuk (defendants)

(Action No. 9503 08659)

Indexed As: Canadian Imperial Bank of Commerce v. Godziuk

Alberta Court of Queen's Bench

Judicial District of Edmonton

Funduk, Master in Chambers

February 21, 1996.

Summary:

A father co-signed a promissory note with respect to a bank loan to the son. The bank sued both father and son on the note. The bank claimed $17,475.46. The father con­tested the claim. He alleged that he was led to believe that he was signing a note for only $3,000. The bank obtained judgment against the son and applied for summary judgment against the father.

A Master of the Alberta Court of Queen's Bench dismissed the application.

Practice - Topic 5708

Judgments and orders - Summary judg­ments - Bar to application - Existence of issue to be tried - A bank employee asked a father if he came to co-sign a note for the son's $3,000 loan - He answered yes and signed the note without reading the document in its entirety - The bank sub-sequently sued the father on the note but claimed $17,475.46 - The father replied that the bank misrepresented to him the amount of the note - The bank applied for summary judgment and argued that judg­ment should be given for $3,000 - A Master of the Alberta Court of Queen's Bench dismissed the application because it was possible that the father might not be liable at all on the note - See paragraphs 11 to 18.

Cases Noticed:

Independent Wholesale Ltd. v. Steinke and 418452 Alberta Ltd. (1996), 180 A.R. 58 (Q.B. Master), refd to. [para. 6].

Marvco Color Research Ltd. v. Harris and Harris, [1982] 2 S.C.R. 774; 45 N.R. 302, consd. [para. 6].

Saunders v. Anglia Building Society, [1971] A.C. 1004 (H.L.), refd to. [para. 6].

Bank of Montreal v. Featherstone, Cooke and Cross et al. (1989), 33 O.A.C. 377; 58 D.L.R.(4th) 567 (C.A.), refd to. [para. 7].

Pacific Finance Acceptance Co. v. Turgeon (1979), 93 D.L.R.(3d) 301 (B.C.S.C.), refd to. [para. 7].

Steeplejack Services (Canada) Ltd. v. Access Scaffold and Ladder Co. (1989), 98 A.R. 311 (Q.B. Master), refd to. [para. 11].

Rajani v. Mandel Group Inc. (1987), 75 A.R. 309 (Q.B. Master), refd to. [para. 12].

Alberta (Treasury Branches) v. Bate (1996), 180 A.R. 161 (Q.B. Master), refd to. [para. 13].

Canadian Imperial Bank of Commerce v. Larsen, [1983] 5 W.W.R. 179 (B.C.C.A.), refd to. [para. 14].

Royal Bank v. Mendel, [1977] 6 W.W.R. 10 (B.C. Co. Ct.), refd to. [para. 15].

Alberta Opportunity Co. v. Bennett (1992), 132 A.R. 310 (Q.B. Master), refd to. [para. 16].

Statutes Noticed:

Bills of Exchange Act, R.S.C. 1985, c. B-4, sect. 54 [para. 5].

Counsel:

D.A. Bodnar (Lucas Bowker & White), for the plaintiff;

N. Makuch (Wheatley Sadownik), for the father, Paul Godziuk.

This application was heard at Edmonton, Alberta, by Funduk, Master in Chambers, of the Alberta Court of Queen's Bench, Judicial District of Edmonton.

Master Funduk delivered the following decision on February 21, 1996.