DATE: 20050214

DOCKET: C42303

COURT OF APPEAL FOR ONTARIO

RE:

LAURENTIAN BANK OF CANADA (Plaintiff) -and- CHI YEUNG LAU also known as MINGO LAU, and PAO CHEE LAU also known as POLLYANNA LAU (Defendants/Appellants)

AND RE:

CHI YEUNG LAU also known as MINGO LAU, and PAO CHEE LAU also known as POLLYANNA LAU (plaintiffs by counterclaim/appellants) - and- LAURENTIAN BANK OF CANADA, CRAIG L. BOYER and KPMG INC. (Defendants to the counterclaim/Respondent)

BEFORE:

CATZMAN, LASKIN and ARMSTRONG JJ.A.

COUNSEL:

Newton Wong

for the appellants

Katherine A. McEachern and Jeffrey Larry

for the respondent

HEARD AND RELEASED ORALLY:

February 8, 2005

On appeal from the summary judgment of Justice John C. Wilkins of the Superior Court of Justice dated July 16, 2004.

E N D O R S E M E N T

[1] The issue on this appeal is the entitlement of the appellant to pursue this action, not only against Laurentian Bank of Canada, but also against its manager, Mr. Boyer. Wilkins J. found nothing in the record before him to suggest that Mr. Boyer acted beyond the course and scope of his employment by the bank. Indeed, this position is specifically confirmed by the bank in its reply and defence to counterclaim. The summary judgment granted by Wilkins J. does not preclude the appellants from pursuing their allegations against Mr. Boyer’s conduct. In the result, we see no basis for interfering with the decision of Wilkins J. dismissing the appellants’ counterclaim against Mr. Boyer.

[2] The appeal is dismissed with costs, fixed in the amount of $5,000, including disbursements and G.S.T.

Signed: “M.A. Catzman J.A.”

“John Laskin J.A.”

“Robert P. Armstrong J.A.”