Overview
Irving Marks and Barbara Green represented the Bank of Montreal (BMO) defending an action brought by a large number of plaintiffs who dealt with the same investment advisor. It was alleged that the investment advisor had negligently induced his clients to borrow money from BMO and other lenders in order to invest in the stock market. The investors lost their money in a market downturn and claimed that the lenders, including BMO, owed them a duty of care and were negligent in allowing them to borrow the money. We were successful in establishing that BMO had no such duty of care and the action was dismissed. The decision was upheld on appeal to the Court of Appeal.
Lawyers
Representative Work
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| Litigation and Dispute Resolution
Defeated Injunction to Tie Up Client Assets and Received Elevated Costs Award
MFC v Mady Collier, 2016 ONSC 4182 (CanLII) – Clients were awarded their costs on a substantial indemnity scale when they defeated a Mareva injunction which tried to tie up their assets... -
| Litigation and Dispute Resolution
Certified a Class Action
Rebuck v. Ford Motor Company, 2018 ONSC 7405 (CanLII) – Obtained a judgment certifying a proposed class action against Ford Motor Company and Ford Motor company of Canada on behalf of i... -
| Litigation and Dispute Resolution
Overturned Lower Court Decision at Ontario Court of Appeal
Birchcliffe Core-Harbour Inc. v. Pinnock, 2019 ONCA 417 – Succeeded at the Ontario Court of Appeal in obtaining damages for breach of contract when a purchase of land could not be completed,...