When someone takes out a loan and then admits they don't repay it, it's not surprising that (1) the trial court will find in favor of the plaintiff suing for the loan, and (2) the Court of Appeal will affirm.
The defendant (Mr. Fakheri) can -- and does -- make a ton of different hypertechnical arguments in an attempt to prevail. But the optics are terrible. Just terrible. You've got to repay the money you took. Period.
Last paragraph of Justice Lui's opinion: "Rather, the judgment awards
only the principle amount that Fakheri owes directly to
Rubinstein (either personally or by assignment from Lanark)
because of the loan that Fakheri received. That obligation does
not involve any promise to answer for the debt of another, and
the statute of frauds therefore does not apply." Seventh word should be principal.
Otherwise spot on.
