Legal Blog

Secondary Evidence

Bank of Montreal v. Ieradi 2025 Ont SCJ

Bank sought repayment of a line of credit, asserting that the defendant personally entered into and used the facility. The bank had lost the signed agreement. The dispute’s outcome depended on secondary evidence, including cheques, statements, and usage patterns. The court found the secondary evidence overwhelmingly indicated a personal agreement.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.