Dhawan v. Shails et. al.
| Jurisdiction | Ontario |
| Court | Superior Court of Justice of Ontario (Canada) |
| Judge | Sally Gomery |
| Citation | 2018 ONSC 7116 |
| Docket Number | 17-2269-DV |
| Date | 27 November 2018 |
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6 practice notes
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Court Of Appeal Summaries (January 24-28, 2022)
...Estate Board Inc. v. Ontario Regional Assessment Commissioner, Region No. 21 (1986), 56 O.R. (2d) 94 (H.C.), Dhawan v. Shails et al., 2018 ONSC 7116 (Div. Ct.), Kevin McGuinness, The Law of Guarantee, 3rd ed. (Markham, Ontario: LexisNexis Canada Inc., 2013) Tall Truck Centre Limited v. K.S.......
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Court Of Appeal Summaries (January 24-28, 2022)
...Estate Board Inc. v. Ontario Regional Assessment Commissioner, Region No. 21 (1986), 56 O.R. (2d) 94 (H.C.), Dhawan v. Shails et al., 2018 ONSC 7116 (Div. Ct.), Kevin McGuinness, The Law of Guarantee, 3rd ed. (Markham, Ontario: LexisNexis Canada Inc., 2013) Tall Truck Centre Limited v. K.S.......
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Intercap Equity Inc. v. Bellman
...Moreover, as noted by the motion judge, this case is distinguishable from Dhawan v. Shails et al., 2018 ONSC 7116 (Div. Ct.), cited by the appellants. In Dhawan, the language of the guarantee was ambiguous because of internal inconsistency. The same clause limited the scope to obligations &......
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Ernst & Young Inc. v. Aquino
...of money, each repayment will apply against the oldest outstanding debt, unless the debtor specifies otherwise”: Dhawan v. Shails et al., 2018 ONSC 7116, 85 B.L.R. (5th) 294 (Div. Ct.) (para. [272] The BIA sets out a complete framework in ss. 95 and 96, which is aimed at ensuring fairness a......
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4 cases
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Intercap Equity Inc. v. Bellman
...Moreover, as noted by the motion judge, this case is distinguishable from Dhawan v. Shails et al., 2018 ONSC 7116 (Div. Ct.), cited by the appellants. In Dhawan, the language of the guarantee was ambiguous because of internal inconsistency. The same clause limited the scope to obligations &......
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Ernst & Young Inc. v. Aquino
...of money, each repayment will apply against the oldest outstanding debt, unless the debtor specifies otherwise”: Dhawan v. Shails et al., 2018 ONSC 7116, 85 B.L.R. (5th) 294 (Div. Ct.) (para. [272] The BIA sets out a complete framework in ss. 95 and 96, which is aimed at ensuring fairness a......
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Oxygen Working Capital Corp. v Mouzakitis
...in respect of any of those transactions (subject to any overall limit in the amount of the guarantee)”. See: Dhawan v. Shails et. al., 2018 ONSC 7116 (CanLII), citing K. McGuiness, The Law of Guarantee, 3d ed (Toronto: LexisNexis Canada, 2013), at para. 7.5., p. [10] The defendants acknowle......
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Intercap Equity Inc. v. Bellman
...defendants put great emphasis on a decision by Gomery J., sitting as a single judge of the Divisional Court, in Dhawan v Shails et al., 2018 ONSC 7116. Although superficially similar to the facts in this case, the differences are crucial and make all the [81] Mr. Dhawan advanced a loan of $......
2 firm's commentaries
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Court Of Appeal Summaries (January 24-28, 2022)
...Estate Board Inc. v. Ontario Regional Assessment Commissioner, Region No. 21 (1986), 56 O.R. (2d) 94 (H.C.), Dhawan v. Shails et al., 2018 ONSC 7116 (Div. Ct.), Kevin McGuinness, The Law of Guarantee, 3rd ed. (Markham, Ontario: LexisNexis Canada Inc., 2013) Tall Truck Centre Limited v. K.S.......
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Court Of Appeal Summaries (January 24-28, 2022)
...Estate Board Inc. v. Ontario Regional Assessment Commissioner, Region No. 21 (1986), 56 O.R. (2d) 94 (H.C.), Dhawan v. Shails et al., 2018 ONSC 7116 (Div. Ct.), Kevin McGuinness, The Law of Guarantee, 3rd ed. (Markham, Ontario: LexisNexis Canada Inc., 2013) Tall Truck Centre Limited v. K.S.......