Suing a Bank (1)

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:

[1] 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].

Further…

[2] In its Statement of Claim Andralex advances several types of allegations against the [bank] and [loan officer]

  1. negligence and breach of a duty of care allegedly owed to the plaintiff;
  2. breach of a fiduciary duty allegedly owed to the plaintiff;
  3. negligent misrepresentation, including breaches of the Competition Act; and,
  4. 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:

  1. the claims against its former employee in her personal capacity; and
  2. 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.

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