Facts: Caterpillar Financial Services Limited ("Caterpillar") sought judgment against 0756556 B.C. Ltd. and its guarantors, including Mr. Bouffard, for defaults on lease and conditional sale agreements. Caterpillar repossessed and sold the equipment, seeking to recover the remaining balance and additional costs incurred.
Issue: The primary legal issue was whether Caterpillar could recover the deficiency balance, accrued interest, and legal fees from Mr. Bouffard under the terms of a continuing guarantee he signed, and whether the defenses of failure to mitigate losses and limitation period were valid.
Court's Ruling: The court found in favor of Caterpillar, determining that Mr. Bouffard had no valid defense against the claim on his guarantee. It dismissed the defenses of failure to mitigate and the limitation period, the latter being extended due to a ministerial order related to the Covid-19 pandemic.
Amount of Costs/Damages Awarded: Caterpillar was awarded the claimed amount of $189,327.46 plus interest of $8,472.02. Additionally, Mr. Bouffard was ordered to pay Caterpillar's legal costs, which were assessed at $16,417.00.
