COURT OF APPEAL FOR ONTARIO
RE: MARSHA KOMPERDA (Plaintiff/Appellant) –and– HONGKONG BANK OF CANADA (Defendant/Respondent)
BEFORE: ABELLA, LASKIN and ROSENBERG JJ.A.
COUNSEL: Murray L. Levine, for the appellant
John P. Brown, for the respondent
HEARD: February 27, 2001
On appeal from the order of Justice Ian V.B. Nordheimer dated September 15, 2000.
O R A L E N D O R S E M E N T
1In our view, the motions judge was correct in granting summary judgment for the bank. The appellant was in a position of trust. She had been warned twice before the August 1994 incident. She had no innocent explanation for that incident. Indeed, she acknowledged in her statement and admitted on her discovery that she engaged in kiting or similar conduct. In our view, the bank had just cause to dismiss her and no trial is required to decide that issue.
2In the light of this conclusion, we need not consider the motions judge’s finding that issue estoppel applied. The appeal is dismissed with costs.
Signed: “R.S. Abella J.A.”
“John Laskin J.A.”
“M. Rosenberg J.A.”