Canada Case Law

Sky v. Toronto-Dominion Bank

Court

British Columbia Court of Appeal

It is not plain and obvious that the disputed pleading is a collateral attack or abuse of process because it does not contradict the order nisi, alleges independent actionable wrongs (breach of contract/duty of good faith) that were not and could not meaningfully have been raised at the order nisi hearing, and permitting the pleadings will not cause manifest unfairness or bring the administration of justice into disrepute; therefore the chambers judge erred and the amendments should be permitted.

Source excerpt

• Collateral attack
• Abuse of process
• Order nisi
• Foreclosure
• Good faith in contractual discretion
• Amendment of pleadings

Read case analysis

Bank of Montreal v. Dua

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an appeal in a bank collection dispute, finding the appellants were in default and that the counterclaim disclosed no reasonable cause of action.

• Summary judgment
• Counterclaim dismissal
• Mortgage reinstatement
• Costs
• Default on mortgage
• Interest rate accommodation

Read case analysis

Murray v. Toronto-Dominion Bank

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed Stuart Cameron Murray’s appeal, affirming summary judgment for TD Bank on causation and loss arising from alleged trust-account banking errors.

• Conversion
• Detinue
• Causation
• Summary judgment
• Damages
• Regulatory investigation

Read case analysis

Tung v. Lu

Court

Supreme Court of British Columbia

Material facts must be pleaded for non-family civil claims in family proceedings; where pleadings contain no material facts the court may consider affidavit evidence to test whether claims are 'capable of being repaired' and whether they are bound to fail. Applying the law to the facts before the court, the judge struck or dismissed the non-family claims: all of Nancy's civil claims were struck; all but two of Anshan's civil claims were struck; the two surviving Anshan claims (conspiracy against Hans and breach of contract against CIBC) were dismissed on summary trial because Nancy's contrave…

Source excerpt

• Pleadings and particulars
• Striking pleadings
• Summary trial
• Breach of fiduciary duty
• Intentional interference with economic interests
• Conspiracy

Read case analysis

Jaffar v. Toronto-Dominion Bank

Court

Federal Court

Federal Court dismissed a judicial review of the CHRC’s decision dismissing a bank-discrimination complaint, finding the decision reasonable and no procedural unfairness.

• Judicial review
• Discrimination in services
• Procedural fairness
• Bank account restrictions
• Statutory interpretation (bank act)
• Judicial-review

Read case analysis

Fazio v. Toronto-Dominion Bank

Court

Federal Court

The Federal Court dismissed Marie Pia Fazio’s Rule 397 reconsideration motion, finding no overlooked matter and no basis to revisit its earlier order striking the claim.

• Reconsideration
• Pipeda jurisdiction
• Leave to amend
• Court registry conduct
• Evidence and filing requirements
• Pipeda

Read case analysis

Murray v. Toronto-Dominion Bank

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario granted limited leave to file a reply factum, allowing only issues 1 and 2 as drafted and refusing the rest.

• Reply factum
• Leave to file
• Motion practice
• Negligence
• Conversion
• Detinue

Read case analysis

Gesner v. Coast Capital Savings Federal Credit Union

Court

British Columbia Court of Appeal

The fresh evidence was inadmissible because it could have been obtained with due diligence and would not have changed the outcome; the evidence did not establish breach of contract, negligence (any alleged negligence caused no loss) or a fiduciary relationship between Coast Capital and the appellant; and the summary trial procedure was not procedurally unfair.

Source excerpt

• Breach of contract
• Negligence
• Breach of fiduciary duty
• Admission of fresh evidence
• Procedural fairness
• Banking operations

Read case analysis

12007231 Canada Inc. v. Foster

Court

Supreme Court of British Columbia

The court held the plaintiffs met the threshold under Rule 7-1(11) to compel further production from Barber because the requested financial, tax and rental records relate directly to contested issues of commingling and receipt/use of funds; the court also ordered specific, narrowly-described production from the non-party Bank under Rule 7-1(18) because the documents were precisely specified and potentially probative of material facts; Barber and the Bank must produce the listed documents within 21 days, plaintiffs must pay the Bank's reasonable charges and must provide counsel for Barber with…

Source excerpt

• Document production
• Discovery
• Non-party production
• Relevance
• Rule 7-1
• Guano test

Read case analysis

Fazio v. Toronto-Dominion Bank

Court

Federal Court

The Federal Court struck Marie Pia Fazio’s claim against TD Bank, holding that no federal statute gave the Court jurisdiction and that the pleading could not proceed.

• Jurisdictional foundation
• Pipeda complaint procedure
• Bank act regulation
• Negligent misrepresentation
• Motion to strike (plain and obvious)
• Federal-court-jurisdiction

Read case analysis