The appellants brought an action against the respondents, who were compliance officers and directors/officers of an investment firm, alleging negligence, fraud, breach of contract, and breach of fiduciary duty related to improvident investments.
The respondents successfully moved to strike the claims against them on the basis that they owed no duty of care to the appellants.
On appeal, the Court of Appeal set aside the order to strike, holding that the claims were novel and the determination of whether a duty of care existed required a full factual record applying the Anns/Kamloops test, rather than being decided at the pleadings stage.
