The defendant bank brought a motion for summary judgment seeking dismissal of claims alleging it negligently released $50,000 held in a bank account that had been ordered by a court as security for child support obligations.
After the death of the account holder, the Canada Revenue Agency issued a Requirement to Pay for tax debts and the bank remitted the funds.
The plaintiffs argued the funds should have been paid to satisfy child support arrears, and that the bank had been aware of efforts by the estate trustee and the Office of the Children’s Lawyer to arrange payment of those arrears.
The court held that significant factual issues remained, including whether the arrears should have been paid before the Requirement to Pay and whether the bank’s conduct created liability through negligence or estoppel.
Applying the summary judgment principles articulated in Combined Air Mechanical Services Inc. v. Flesch, the court concluded that the evidence could not be fully appreciated without a trial.