A. O'Marra

The appellant, a former real estate lawyer, appealed from a summary judgment dismissing his action against his bank.

He alleged that the bank committed repeated double withdrawals from his trust account in connection with certified cheques, causing failed real estate transactions, Law Society intervention, and criminal proceedings.

The motion judge found that although duplicate debits occurred, they were corrected and the appellant failed to establish that the bank's conduct caused the Law Society investigation or the losses claimed.

The Court of Appeal found no palpable and overriding error and dismissed the appeal with costs of $5,000.

The plaintiff subcontractor brought a motion for summary judgment against the individual defendants for breach of trust under the Construction Lien Act.

The corporate contractor had failed to pay the plaintiff for completed flooring work despite receiving funds from the owners and swearing a statutory declaration that all sub-trades had been paid.

The court found a breach of trust occurred and held two of the individual defendants personally liable under s. 13(1) of the Act, finding they had effective control of the corporation and acquiesced in the breach.

The action against a third individual defendant, an employee, was dismissed.