The appellant condominium corporation appealed the dismissal of its claim against the respondent bank.
The appellant's property manager had improperly transferred funds from the appellant's trust account at the bank, causing a loss of over $370,000.
At trial, the appellant succeeded against the property manager but its claim against the bank was dismissed.
On appeal, the appellant sought damages in negligence against the bank.
The Court of Appeal dismissed the appeal, finding that the appellant had not advanced negligence as a distinct claim at trial, likely for tactical reasons to avoid a contributory negligence defence.
