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Legal Blog:
Oct
01
2002
Duress
One of the tried and true means by which a guarantor can attempt to escape the legal effect of a guarantee is by claiming duress. The guarantor admits that the guarantor executed the deed but states that it was only because the guarantor was forced to sign it. The creditor must, of course, have some knowledge of the duress. The question arises: how much knowledge? This was dealt with in Gedja Holdings Inc. v. Gondosch, an unreported 2002 decision of the Ontario Court of Appeal on appeal from a 2000 unreported Superior Court of Justice decision.
Continue Reading >Oct
01
2002
Duress
One of the tried and true means by which a guarantor can attempt to escape the legal effect of a guarantee is by claiming duress. The guarantor admits that the guarantor executed the deed but states that it was only because the guarantor was forced to sign it. The creditor must, of course, have some knowledge of the duress. The question arises: how much knowledge? This was dealt with in Gedja Holdings Inc. v. Gondosch, a 2002 decision of the Ontario Court of Appeal on appeal from a 2000 Superior Court of Justice decision.
Continue Reading >