R.B. Moldaver Q.C.

A mortgage broker appealed the dismissal of its negligence claim against the Crown arising from fraud perpetrated by an individual who filed a fraudulent notice of change with the Ministry of Government and Consumer Services, falsely identifying himself as a director and officer of a corporation.

The appellant relied on a corporation profile report obtained from the Ministry when advancing $1.8 million in loans.

The Court of Appeal upheld the dismissal, finding that no duty of care arose at the first stage of the Anns/Cooper test.

The governing legislation did not contemplate a private law duty of care, and the payment of a fee for access to public corporate records was insufficient to establish proximity.

The applicant, a 64-year-old man with significant health issues, brought a motion for temporary dependant's support from his late father's estate.

The respondent, the applicant's mother and sole beneficiary, had distributed the entire estate to herself without applying for probate.

The court found credible evidence that the applicant was a dependant and ordered the respondent to pay $5,000 per month in temporary support plus a $5,000 lump sum.

The court also held that the limitation period for the claim had not expired because it only begins to run upon a grant of probate, which had never been obtained.