COURT OF APPEAL FOR ONTARIO
RE: LIBERO C. PACI (Plaintiff/Appellant) –and– THE BANK OF NOVA SCOTIA (Defendant/Respondent)
BEFORE: CATZMAN, BORINS and FELDMAN JJ.A.
COUNSEL: Libero Paci, the appellant, in person Robert MacRae, for the respondent
HEARD: April 6, 2000
On appeal from the order of Hennessy J. dated November 30, 1999.
E N D O R S E M E N T
[1] The appellant submits that the essence of his claim is a declaration of his competence as a lawyer. He asks in consequence for an order requiring the bank to include him among the list of lawyers qualified to act for the bank.
[2] The appellant referred the court to an internal manual of the bank which sets out the competence criteria the bank uses in retaining lawyers. He also referred to s.158(2) of the Bank Act which obliges employees of the bank to comply with, among other things, its by-laws. There was, however, no evidence on the summary judgment motion whether the manual referred to was promulgated pursuant to a by-law of the bank, and the appellant did not avail himself of the opportunity to cross-examine, the bank’s representative on his affidavit in support of the motion for summary judgment in order to obtain that necessary piece of information.
[3] No other basis is suggested on which the court could compel the bank to include the appellant on its list of qualified lawyers.
[4] There is no jurisdiction in the court to make the declaration requested by the appellant respecting the appellant’s competence as a lawyer.
[5] We therefore agree, on the record before the court, that the action as framed was properly dismissed on the motion for summary judgment brought by the respondent. The appeal is dismissed with costs.
Signed: “M.A. Catzman J.A.” “S. Borins J.A.” “K. Feldman J.A.”