Hawrish v. Peters et al.

[1982] 1 SCR 1083 Court SCC Decision date 1982-06-23 Docket 16294 English

PartiesAndrew Hawrish Appellant·Ray Peters, Raymond N. Resky, Fred L. Dunbar and Harold J. Russell Respondents

Counsel (5)

B.A. Crane, Q.C., for the appellant.
Reynold Robertson and Brent Gough, for the respondents.
Solicitors for the appellant: Hawrish and Hawrish, Saskatoon.
Solicitors for the respondent Fred L. Dunbar: Hnatyshyn, Sandstrom & Co., Saskatoon
Solicitors for the respondents Raymond N. Resky and Harold J. Russell: Robertson, Muzyka, Bell, Robertson & Nieman, Saskatoon.

Judges Dickson, Robert George Brian; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien; Wilson, Bertha

Delivered by Judgment of the Court

On appeal from Saskatchewan

Subjects Action

Judgment of the Court

The judgment of the Court was delivered by

October 6, 1964:

Judgment in the action by the Bank of Montreal as creditor of the third party on the guaranty given to the Bank by the appellant finding the appellant was not liable to the Bank on his guaranty.

July 18, 1967:

The Court of Appeal for Saskatchewan reversed the judgment at trial and found the appellant liable to the Bank on its guaranty.

[Page 1085]

January 28, 1969:

Judgment of the Supreme Court of Canada dismissing the appeal from the judgment of the Court of Appeal.

*April 1, 1970 to May 4, 1972:

Payments made by the appellant to the Bank in the amount of $14,700 discharging the guaranty with interest.

*On June 2, 1970 the appellant paid more than his pro rata share on the joint guaranty given by the appellant and the respondents to the Bank.

January 17, 1975: