In what circumstances will a lender be able to obtain summary judgment in a claim that its agents were involved in a fraud?

Alberta, Canada


The following excerpt is from Royal Bank of Canada v. Lee, 2012 ABQB 320 (CanLII):

In MCAP Service Corporation v. Doiron, 2006 ABQB 821, Justice Burrows refused to grant summary judgment in circumstances where the lender had not offered any evidence to meet the allegations that its agents had knowledge of and participated in a fraud.

Other Questions


If a lender is involved in fraud, can the lender enforce the contract? (Alberta, Canada)
Is a motion for a default judgment equivalent to that obtained upon a Statement of Claim? (Alberta, Canada)
Can a summary judgment be granted in a case involving two separate actions? (Alberta, Canada)
What is the test for summary judgment in a case that definitely involves Rylands v Fletcher principles? (Alberta, Canada)
Can a claim of delay be considered relevant in the context of a motion for summary judgment? (Alberta, Canada)
In what circumstances will a court grant summary judgment in a personal injury action? (Alberta, Canada)
What is the test for summary judgment in a motion for summary dismissal? (Alberta, Canada)
In what circumstances will an insurer be able to proceed with a statement of claim for a motor vehicle accident due to the length of the claimant's claim? (Alberta, Canada)
Can a home inspector be successful in obtaining summary judgment against a purchaser who signed an authorization for a home inspection without reading it? (Alberta, Canada)
What is the test for determining whether a claim can be proven in circumstances where the claim is not an objective test? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.