PROCEEDINGS - Appeals and judicial review - Standard of review

Law360 Canada ( August 1, 2023, 6:02 AM EDT) -- Appeal by Sellathurai from an order granting Bremjit judgment on $600,000 debt claim plus interest on grounds that trial judge erred by failing to provide sufficient reasons for his conclusion that Bremjit was more credible than Sellathurai. Bremjit was introduced to Sellathurai by a mutual friend. Bremjit advanced a total of $600,000 to Sellathurai towards the redevelopment of a property. The parties attended at the law office of Zokol, Sellathurai’s solicitor, to document the transaction. Zokol’s handwritten notes of that meeting reflected that the parties agreed to a personal loan instead in the amount of $600,000 at 9 per cent interest. The Loan Agreement was evidenced by a Promissory Note, signed by Sellathurai, which set out the $600,000 principal amount and the 9 per cent interest rate. The redeveloped property eventually sold at a considerable loss. Chandradas attempted to act as an informal arbiter of the dispute. Chandradas testified he overheard Sellathurai assured Bremjit that the funds advanced were guaranteed and 200 per cent safe. Bremjit demanded repayment of the loan plus accrued interest. Sellathurai refused. Bremjit filed his notice of civil claim. The judge concluded the evidence of Bremjit was, on balance, more credible than that given by Sellathurai. He found Chandradas’ testimony tended to support Bremjit’s version of events....
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