In what circumstances can a plaintiff obtain summary judgment against a defendant for failing to repay a promissory note?
British Columbia, Canada
The following excerpt is from Northland Bank (In Liquidation) v. Walters, 1998 CanLII 2376 (BC SC):
In Shoker v. Vollans (21 April 1997), New Westminster S026950, (B.C.S.C.), the plaintiff sought summary judgment against one of two defendants for the balance owing under a promissory note signed by both defendants. Earlier, the plaintiff had agreed to accept one-half the amount owing under the note from the co-defendant in exchange for a release of all claims against him. The remaining defendant was not a party to the release nor did he consent to its terms.
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