References: [1976] 2 SCR 2, 1975 CanLII 150 (SCC)
Links: Canlii
Coram: Martland, Judson, Ritchie, Spence and Dickson JJ
Ratio: Canlii Supreme Court of Canada – Guarantee -Surety and sub-surety – Co-sureties – Sub-surety guaranteeing liability of surety – Surety paying creditor-Right of sub-surety to indemnity from the co-sureties.
This case is cited by:
- Cited – Day v Shaw and Another ChD (Bailii, [2014] EWHC 36 (Ch))
Claim for equity of exoneration as to proceeds of sale of a house.
Held: The sub-sureties (Mr and Mrs Shaw) are entitled to be indemnified by the sureties (Mr Shaw and Mrs Shergold) in just the same way as a surety is entitled to be . .
(This list may be incomplete)
Last Update: 20-Jul-16
Ref: 567254