Dhawan v. Shails et. al.

JurisdictionOntario
CourtSuperior Court of Justice of Ontario (Canada)
JudgeSally Gomery
Citation2018 ONSC 7116
Docket Number17-2269-DV
Date27 November 2018

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
6 practice notes
  • Court Of Appeal Summaries (January 24-28, 2022)
    • Canada
    • Mondaq Canada
    • February 1, 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.......
  • Court Of Appeal Summaries (January 24-28, 2022)
    • Canada
    • Mondaq Canada
    • February 1, 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.......
  • Intercap Equity Inc. v. Bellman
    • Canada
    • Court of Appeal (Ontario)
    • January 26, 2022
    ...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 &......
  • Ernst & Young Inc. v. Aquino
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 19, 2021
    ...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......
  • Get Started for Free
4 cases
  • Intercap Equity Inc. v. Bellman
    • Canada
    • Court of Appeal (Ontario)
    • January 26, 2022
    ...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 &......
  • Ernst & Young Inc. v. Aquino
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 19, 2021
    ...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......
  • Oxygen Working Capital Corp. v Mouzakitis
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 15, 2021
    ...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......
  • Intercap Equity Inc. v. Bellman
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 1, 2021
    ...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
  • Court Of Appeal Summaries (January 24-28, 2022)
    • Canada
    • Mondaq Canada
    • February 1, 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.......
  • Court Of Appeal Summaries (January 24-28, 2022)
    • Canada
    • Mondaq Canada
    • February 1, 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.......