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Royal Bank of Canada v. American Haulage Inc., et al

Key Facts:

  • RBC sought summary judgment against the defendants (American Haulage Inc., Harsimran Singh Gill, and Lakhwinder Dhindsa aka Lakhwinderpal Dhindsa) for outstanding amounts under a Credit Agreement dated June 12, 2019.
  • The Credit Agreement established credit facilities in favor of American Haulage Inc.
  • Gill and Dhindsa, as directors of American Haulage Inc., signed guarantees for the repayment of the loan.

Issues Decided:

  1. Can the issues be decided on a summary judgment motion?
    • Yes. The court found no genuine issue requiring a trial.
  2. Is RBC entitled to judgment against American Haulage Inc.?
    • Yes. The court found that American Haulage Inc. was in default and owed the amounts claimed by RBC.
  3. Are Gill and Dhindsa liable under the New Guarantee?
    • Yes. The court concluded that Gill and Dhindsa were liable under the New Guarantee they signed.

Key Findings:

  • The court denied the defendants' adjournment request, citing lack of diligence and potential unfair delay to RBC.
  • The court concluded that the signatures on the guarantees were genuine and that the defendants understood the nature of the documents they signed.
  • The court ruled that independent legal advice was not necessary in this case as Gill and Dhindsa were directors and officers of American Haulage Inc.

Outcome:

  • Judgment granted in favor of RBC against all defendants.
  • Costs awarded to RBC in the amount of $15,947.51.
Royal Bank of Canada
Law Firm / Organization
Flett Beccario
Lawyer(s)

Robert P. Budgell

American Haulage Inc.
Law Firm / Organization
Bhangu Law Professional Corporation
Lawyer(s)

Sukhjinder Bhangu

Harsimran Singh Gill
Law Firm / Organization
Bhangu Law Professional Corporation
Lawyer(s)

Sukhjinder Bhangu

Lakhwinder Dhindsa aka Lakhwinderpal Dhindsa
Law Firm / Organization
Bhangu Law Professional Corporation
Lawyer(s)

Sukhjinder Bhangu

Superior Court of Justice - Ontario
CV-23-14305
Corporate & commercial law
$ 15,948
Plaintiff