Barthe v. National Bank Financial Ltd.

Barthe v. National Bank Financial Ltd.

The impugned IDA settlement agreement, decision and bulletin were relevant to the issue of NBFL's supervision of its representatives, bore a real and substantial nexus to the allegations concerning failure to supervise Clarke, and were logically probative such that their probative value outweighed any prejudicial effect; accordingly the material should not be struck and the application to strike is dismissed.

Citation
2008 NSSC 30
Parties
Plaintiff / Defendant by Counterclaim: Michael Barthe; Plaintiff / Defendant by Counterclaim: Lutz Ristow; Defendant / Plaintiff by Counterclaim: National Bank Financial Ltd.; Third Party / Defendant by Crossclaim: Blois Colpitts; Third Party: Stewart McKelvey Stirling Scales; Third Party / Plaintiff by Counterclaim: Daniel Potter
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 January 2008
Procedural Posture
Civil Summary Judgment Application / Chambers Hearing on Application to Strike Affidavit Material and Summary Judgment Application
Outcome
Application by National Bank Financial Ltd. to strike affidavit paragraphs and exhibits dismissed; impugned paragraphs and exhibits retained for the summary judgment proceeding; costs awarded to Ristow.
Legal Topics
Summary Judgment, Relevance, Similar Fact Evidence, Striking Affidavits, Supervision Liability, Costs
Source Language
English
Civil Procedure Evidence Tort Negligence Securities Regulation/discipline Summary Judgment Relevance Similar Fact Evidence Striking Affidavits +2 more

Case Brief

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Parties

Michael Barthe

Plaintiff / Defendant by Counterclaim

Lutz Ristow

Plaintiff / Defendant by Counterclaim

National Bank Financial Ltd.

Defendant / Plaintiff by Counterclaim

Blois Colpitts

Third Party / Defendant by Crossclaim

Stewart McKelvey Stirling Scales

Third Party

Daniel Potter

Third Party / Plaintiff by Counterclaim

Procedural Posture

Civil Summary Judgment Application / Chambers Hearing on Application to Strike Affidavit Material and Summary Judgment Application

Legal Issues

  1. 1 Whether paragraphs and exhibits of an affidavit are irrelevant and should be struck under court rules
  2. 2 Whether the impugned materials constitute admissible similar fact evidence
  3. 3 Whether a chambers judge may determine relevance and admissibility on a summary judgment application

Ratio Decidendi

The impugned IDA settlement agreement, decision and bulletin were relevant to the issue of NBFL's supervision of its representatives, bore a real and substantial nexus to the allegations concerning failure to supervise Clarke, and were logically probative such that their probative value outweighed any prejudicial effect; accordingly the material should not be struck and the application to strike is dismissed.

Court Disposition

Application by National Bank Financial Ltd. to strike affidavit paragraphs and exhibits dismissed; impugned paragraphs and exhibits retained for the summary judgment proceeding; costs awarded to Ristow.

Orders

  • Application to strike paragraphs and exhibits dismissed
  • Impugned paragraphs and exhibits (Exhibits O, P, Q and referenced paragraphs) are not struck and remain admissible for the summary judgment application