Vito Scalisi

The defendant corporate officer brought a Rule 21.01(1)(b) motion to strike a claim against him personally for inducing breach of contract.

The plaintiff alleged that the officer caused the corporate defendant to improperly draw on a letter of credit without the contractually required notice.

The court held that corporate officers are generally protected from personal liability unless the pleading alleges facts showing conduct outside the scope of authority or an independently actionable wrong.

The amended statement of claim contained only conclusory allegations and failed to plead sufficient material facts to establish a personal cause of action.

The claim against the officer was struck, but the plaintiff was granted leave to amend its pleading.

The appellant, who was found not criminally responsible (NCR) for the second-degree murder of his wife, applied to receive the proceeds of her life insurance policy.

The application judge dismissed the claim, applying the public policy rule that a person cannot profit from their own criminal act.

On appeal, the Court of Appeal held that the public policy rule does not apply to an NCR accused, as they are not morally responsible for their actions.

The Court also found that the Civil Remedies Act, 2001 does not supplant the common law rule, though it leaves open the possibility for the Attorney General to seek forfeiture.

The appeal was allowed and the proceeds were ordered payable to the appellant.