Pintar v. Consolidated Wholesale, 2011 ONCA 805 is a good source for the principle that a guarantee, which of course must be in writing, can be provided by email. The Court writes:
[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
...
[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.
2 comments:
And the appellant was proved to have been the one to write that email? Or was that not contested?
Apparently the Court accepted he wrote it. That's one of the uses of the case!
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