26/09/13 – Jurisdiction Ontario
Part 40 published on 01/11/12
Appeal dismissed. Condominium corporation’s claim against bank denied
Part 40 published on 01/11/12
Appeal dismissed. Condominium corporation’s claim against bank denied
The condominium corporation suffered losses when its property manager misappropriated funds from its bank accounts. The corporation’s claim against the bank was dismissed. [See Condo Cases Across Canada Part 34, May 2011.]
The corporation appealed. On appeal, the corporation asserted that the trial judge had failed to consider a claim of negligence against the bank. The appeal was dismissed. The Court of Appeal said that the corporation had not made a claim in negligence at trial (and the trial judge accordingly was not required to consider any such claim).