Business Development Bank of Canada v. Rideout et al. 2012 NLTD(G) 44
Banks and Banking - Duties of banks - General - Duty respecting independent legal advice
The plaintiff (Business Development Bank) applied for a summary trial of its claim under a personal guarantee against the third defendant, Rideout. The third defendant claimed that there was undue influence in the failure of the plaintiff to provide independent legal advice.
The Newfoundland and Labrador Supreme Court, Trial Division (General), granted judgment for the plaintiff as against the third defendant. The court found that neither the defence of undue influence nor non est factum enabled the third defendant to avoid liability on her personal guarantee.