In Nov 2006, Justice D. Brown, an Ontario (Canada) Superior Court of Justice ruled on a pre-trial motion brought by a Canadian chartered bank defendant which is involved in a lawsuit.
The nature of the allegations are:
 This action involves claims arising from the failure of a Country Style franchise. Andralex Food Services Inc. (“Andralex”), the franchisee, sues the franchisor, [franchisor], and related companies, a consultant, [salesperson], and the lender of funds to the franchisee, the [bank]. Claims are also asserted against [loan officer], a Senior Small Business Banking Officer with the [bank].
 In its Statement of Claim Andralex advances several types of allegations against the [bank] and [loan officer]
- negligence and breach of a duty of care allegedly owed to the plaintiff;
- breach of a fiduciary duty allegedly owed to the plaintiff;
- negligent misrepresentation, including breaches of the Competition Act; and,
- conspiracy with all the other defendants “to use unlawful means directed against the Plaintiff, knowing in the circumstances that the Plaintiff would suffer irreparable harm”…
From what I can understand as a non-lawyer, the bank wanted two things struck from the lawsuit:
- the claims against its former employee in her personal capacity; and
- the claims of conspiracy against the bank and its employee.
The Justice said yes to #1 but no to #2. The lawsuit continues, I understand.
To download a copy of the Endorsement, click here.
- See Suing a Bank (2).