What is the test for discharge of a surety in a personal injury case?
Ontario, Canada
The following excerpt is from GMAC Leaseco Corporation v. Jaroszynski, 2013 ONCA 765 (CanLII):
In Manulife at para. 10, Cory J. approves of Lord Westbury’s formulation in Blest v. Brown (1862), 4 De G.F. & J. 367, at p. 376: apart from any express stipulation to the contrary, a surety will be discharged where the contract has been changed, without his or her consent, unless the change is in respect of a matter that cannot “plainly be seen without inquiry to be unsubstantial or necessarily beneficial to the surety”.
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