) ) Central 1 Credit Union Plaintiff (Moving Party) – v. –, 2010 ONSC 7234
Opinion
CITATION : Central 1 Credit Union v. Stewart, 2010 ONSC 7234 COURT FILE NO.: 10-20411 DATE: 2010-12-31 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: ) ) Central 1 Credit Union Plaintiff (Moving Party) – and – John Joseph Stewart Defendant (Responding Party) ) ) ) ) ) ) ) ) ) ) ) David J. Jackson, for the Plaintiff (Moving Party) J. Alden Christian, for the Defendant (Responding Party) ) ) ) HEARD: December 2, 2010 THE HONOURABLE MR. JUSTICE G. E. Taylor reasons for judgment [ 1 ] In a companion action, Central 1 Credit Union v. John J. Stewart Restoration Services Inc. (Court File No.10-20993), I am releasing concurrently my ruling on the plaintiff's motion for
summary judgment. Judgment in favour of the plaintiff was granted in that action. The parties agree that the outcome of the motion for
summary judgment in the companion action should dictate the result of the motion for
summary judgment in this action. [ 2 ] There is no issue that the defendant guaranteed the indebtedness of Code's Mill Inn up to the principal amount of $2 million. Accordingly, the plaintiff is entitled to judgment against the defendant for $2 million, plus interest. [ 3 ] My initial inclination was to direct the parties to include in their cost submissions to be made in the companion action, submissions with respect to the costs of this action. However, it occurs to me that liability for and payment of costs as between the defendants in each action might be a significant issue.
Therefore, if the parties are unable to resolve the issue of costs, I am directing written cost submissions with respect to this matter to be submitted pursuant to the same timetable and pursuant to the same directions as set out in the judgment in the companion action. “G.E. Taylor” G.E. Taylor J. Released: December 31, 2010 CITATION : Central 1 Credit Union v. Stewart, 2010 ONSC 7234 COURT FILE NO.: 10-20411
DATE: 2010-12-31 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: Central 1 Credit Union Plaintiff (Moving Party) – and – John Joseph Stewart Defendant (Responding Party) REASONS FOR JUDGMENT G.E.Taylor J. Released: December 31, 2010 /lr
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