Overview
Irving Marks and Barbara Green represent the Bank of Montreal (BMO) defending a $70 million class-action brought by the victims of an affinity fraud. The plaintiffs claim that because the fraudster used the bank's facilities to deposit and withdraw the victims’ funds, the bank should be liable to the victims for their losses on the basis that BMO knew or ought to have known of the fraud.
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,...