Peter Neufeld

The appellant bank appealed the dismissal of its civil fraud claim arising from a corporate loan application supported by an allegedly false personal financial statement.

The court held that the application judge correctly applied the elements of civil fraud, including the recklessness branch, and was entitled to find that the respondent neither prepared nor signed the impugned financial statement and reasonably believed the financing was for a legitimate business.

The court further held that the bank’s own evidence established reliance only on the false personal financial statement, not on other alleged misrepresentations in the broader loan application.

No palpable and overriding error or inadequacy of reasons was shown, and the appeal was dismissed with costs.

The court-appointed receiver brought a motion to approve the sale of a jointly owned property and for ancillary relief, including approval of fees and an interim distribution of proceeds.

The respondent opposed the sale, challenging the appraisals, the rejection of his own bid, and the receiver's fees.

Applying the Soundair test, the court found that the receiver made sufficient efforts to obtain the best price, considered the interests of all parties, and conducted a fair process with integrity.

The court approved the sale, the receiver's fees, and an interim distribution of the proceeds to the applicant to satisfy outstanding obligations under a prior divorce agreement.

The plaintiff brought a motion for summary judgment to enforce a $300,000 promissory note executed by the defendant.

The defendant admitted to borrowing the funds and failing to repay the note, but raised several defences, including lack of consideration, reliance on third-party misrepresentations, and a pending arbitration under a related shareholders' agreement.

The court rejected these defences, finding no material facts in dispute and that the obligation to pay the note was independent of the shareholders' agreement.

Summary judgment was granted in favour of the plaintiff for the principal amount plus prejudgment interest, with credit given for interest payments previously made by the defendant.

The plaintiff brought a motion for summary judgment to enforce a $300,000 promissory note executed by the defendant.

The defendant raised several defences, including lack of consideration, reliance on misrepresentations, and that the matter should be delayed pending arbitration under a unanimous shareholders' agreement.

The court found no material facts in dispute, rejecting the defendant's arguments but granting credit for certain interest payments as agreed by the plaintiff.

Summary judgment was granted in favour of the plaintiff for the principal amount plus prejudgment interest.