The appellant's husband, who suffered from a bi-polar disorder, entered into a loan agreement with the respondent bank and later committed suicide.
The bank sued the husband's estate for the outstanding loan, and the appellant sued the bank personally for negligent misrepresentation and breach of contract, alleging the bank failed to follow its internal guidelines and ensure she had independent legal advice.
The Court of Appeal upheld the striking of the appellant's personal claims, finding the bank owed no duty to warn her about its internal policies.
In the bank's action, the Court held that the estate's defence of equitable set-off was not subject to the two-year limitation period under the Trustee Act, but struck the defence anyway because the underlying claims had already been dismissed.
