[U] Elrod v. John H. Paton Testamentary Trust

Jerry and Anne Elrod, the owners of Gorilla Fireworks Ltd. (Gorilla), a British Columbia corporation, appeal the trial courts decision on summary judgment that they are liable under the Personal Guarantee (the Guaranty) to pay the debt owed by Gorilla to the John H. Paton Trust (the Trust). We conclude the Elrods did not carry their burden to rebut the existence of the debt owed by Gorilla to the Trust, but because material issues of fact exist as to whether consideration supports the Guaranty, we reverse and remand for trial.