Facts: Raminder Kaur Malik sues Eagle Mountain Farms Ltd., Manmohan Singh Heer, and Jasbir Singh Banwait for repayment of a $310,000 loan, guaranteed by Heer and Banwait. Eagle acknowledges owing $333,903.28 including interest.
Issue: The court had to decide if the loan repayment dispute could be resolved through a summary trial and if equitable set-off could be claimed by the defendants against damages potentially awarded in a related lease dispute.
Court's Ruling: The court determined the case was suitable for summary trial, dismissing the defendants' equitable set-off claim. It found no sufficient connection between the loan and the lease disputes that would make it unjust to resolve the loan repayment separately.
Damages Awarded: The court granted the plaintiff's application and ordered Eagle Mountain Farms Ltd. to repay the amounts owing on the loan as detailed in the affidavit of Mr. Gurpreet Singh, or as otherwise agreed to in writing by the parties. The exact figure for the amount owing, as per the affidavit, was previously mentioned to be $333,903.28, with interest accruing at approximately $43.84 per day as of November 14, 2023.
