CITATION: Pintar Manufacturing Corp. v. Consolidated Wholesale Group Inc., 2011 ONCA 805

DATE: 20111219

DOCKET: C54100

COURT OF APPEAL FOR ONTARIO

O’Connor A.C.J.O., Epstein J.A. and Pardu J. (ad hoc)

BETWEEN

Pintar Manufacturing Corp.

Plaintiff (Respondent in Appeal)

and

Consolidated Wholesale Group Inc. and Christopher Hinn also known as Chris Hinn

Defendant (Appellant)

Richard P. Quance, for the defendant (appellant)

Rebecca Gosevitz, for the plaintiff (respondent in appeal)

Heard and released orally:  December 8, 2011

On appeal from the judgment of Justice Conway of the Superior Court of Justice dated July 26, 2011.

ENDORSEMENT

[1]              The motion judge correctly concluded that there was no issue requiring a trial.  The record on the motion enabled the motion judge to appreciate fully the issues and the evidence.  A trial was not necessary.

[2]              There was ample evidence to support the motion judge’s conclusion that the appellant’s email at 5:31 p.m. on July 30, 2009 was intended to, and did constitute a binding guarantee.  That email read as follows:

I will personally guarantee the debt to Pintar in full. 

Signed Chris

[3]              In coming to this conclusion, it was open to the motion judge to consider the exchange of emails that preceded the 5:31 p.m. email as part of the factual matrix within which that email was sent. 

[4]              Initially, the appellant offered to provide a guarantee.  Later in the exchange, the respondent requested a guarantee.  The appellant responded providing the email referred to above.

[5]              When the appellant sent the email at 5:31 p.m., all of the elements necessary to create a binding guarantee were present.  The amount of the debt was clear, the debt had crystallized, the appellant knew the terms of the contract giving rise to the debt, and the appellant provided an email signature.  The consideration for the guarantee was forbearance in collecting the debt.

[6]              The appeal is dismissed. 

[7]              Costs to the respondent, fixed at $6,000, inclusive of disbursements and all applicable taxes are to be paid within 30 days.

“D. O’Connor A.C.J.O.”

“G.J. Epstein J.A.”

“G. Pardu J. (ad hoc)”