The plaintiff brought a motion for summary judgment against the defendants, a TD mobile mortgage manager and TD Bank, for negligent misrepresentation regarding a $120,000 investment in a debenture.
The plaintiff claimed the manager assured him the investment was safe and that he assumed TD was involved.
The court found that the manager's statements were honest opinions given "friend to friend" based on personal experience, and did not constitute negligent misrepresentation.
The court also found no reasonable basis for the plaintiff to assume TD was involved, dismissing the vicarious liability claim against TD.
Furthermore, the court held the claim was statute-barred under the Limitations Act.
The motion for summary judgment was dismissed, and the claims against the manager and the vicarious liability claim against TD were dismissed.
