DATE: 20010301

DOCKET: C35139

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

[1] In 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.

[2] In 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.”