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The Pledge and the Underwriter | Debtors in Commerce
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Reclaim your Securities
Published 4 months ago |
The beasts of the burden. Statute of Frauds case
[1] The defendant, Janine Marlow (“Marlow”) seeks summary judgment under Rule 20 dismissing the plaintiff’s action against her on the ground that there is no genuine issue requiring a trial as the plaintiff’s claim is barred by section 4 of the Statute of Frauds, R.S.O. 1990. c. S-19 . [11] Section 4 of the Statute of Frauds reads as follows: [13] On its face, section 4 of the Statute of Frauds appears to squarely bar the plaintiff’s claim as the undertaking given by Marlow to the plaintiff was to guarantee the performance of an existing obligation of another person, namely her son, to the plaintiff.
https://www.canlii.org/en/on/onsc/doc...

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