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ARTICLE · 19 MARCH 2013

Key Financial Services Decisions Of 2012

The cases highlighted below provide a snapshot of some of the key judgements which shaped the legal landscape with respect to financial services issues in 2012.

CanadaFinance and Banking

The cases highlighted below provide a snapshot of some of the key judgements which shaped the legal landscape with respect to financial services issues in 2012.

I. GUARANTEES: LIMITATION PERIODS AND ENFORCEMENT

Limitation Periods

In Equitable Trust Company v. Marsig1, Ernest Marsig ("Marsig") signed a guarantee that was embedded within a registered mortgage document. After exercising its power of sale when the mortgage went into default, the Equitable Trust Company sued Marsig for the deficient amount. Marsig argued that the action on his guarantee was statute barred. He submitted that his guarantee constituted a demand obligation and that all demand obligations are subject to the two year limitation period provided for under Ontario's Limitations Act, 20022 (the "Limitations Act").

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