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Personal misrepresentation claims may proceed, but corporate losses cannot be claimed personally.
The appellant challenged an order striking his statement of claim for failure to disclose a reasonable cause of action arising from alleged negligent misrepresentation by a bank concerning continued corporate financing.
The court held that a shareholder, directing mind, guarantor, and creditor cannot personally recover the corporation's losses or guarantor-related losses as an independent cause of action, although properly pleaded personal losses may be recoverable.
The court accepted that an allegation of advancing personal funds in reliance on the misrepresentation could ground a personal claim, and that properly pleaded reputational or credit damage might also be available.
The appeal was dismissed, but leave to amend was granted in light of the possibility of a properly pleaded personal claim and a potential limitation issue.
Employer breached Environmental Protection Act by discharging employee who cooperated with Ministry investigation.
The complainant, an environmental technologist, alleged he was discharged contrary to section 134b(2) of the Environmental Protection Act after cooperating with a Ministry of the Environment investigation and refusing to destroy sensitive documents.
The employer claimed he was terminated for failing to return to work from sick leave.
The Board found the employer's reasons were pretextual and that a major reason for the discharge was the complainant's compliance with the Act and provision of information to the Ministry.
The Board ruled the discharge violated the Act and held that damages would be assessed based on actual compensation rather than Employment Standards Act minimums.
