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The Court of Appeal for Ontario dismissed the Bank of Montreal’s appeal from the dismissal of its civil fraud claim against Makhija.
The Ontario Court of Appeal upheld most of a summary judgment for civil fraud in a warranty-repair invoice scheme, but set aside the order against Carleigh Milburn.
The court granted summary dismissal of a medical malpractice and fraud claim, finding no admissible expert evidence, no basis for conspiracy, and valid consent to surgery.
The court ordered Brave Construction Ltd. to indemnify Roman Portnoy for 50% of his costs in a derivative action, but refused double costs and summary approval of costs.
The Court of Appeal dismissed Arbutus Bay Estates Ltd.’s appeal from an order striking its claim, holding the pleaded non-disclosure claim disclosed no reasonable cause of action.
The court granted a declaration that the Grewals’ $86,000 loss was a compensable loss under RESA, and held they were not barred from seeking s. 65 relief.
The court found the matter suitable for summary trial, applied issue estoppel from related litigation, and ordered restitution for theft, knowing receipt, and wage theft.
Certification of a proposed class action was deferred pending further evidence that the defendants used a “closet indexing” strategy in managing mutual funds.
Certification refused at this time in a proposed class action alleging HSBC mutual funds were secretly closet indexing while marketed as actively managed.
The interim Mareva injunction was discharged because Brae failed to establish a strong prima facie case of fraud or breach of fiduciary duty for the bulk of its claims and did not demonstrate that continuation of the asset-freeze was justified given the evidence and credibility findings.
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