Canadian Imperial Bank of Commerce in an action where the plaintiff was seeking damages for the wrongful appointment of a receiver and fraudulent misrepresentations made by a manager of the bank.

Counsel for the Canadian Imperial Bank of Commerce in an action where the plaintiff was seeking damages for the wrongful appointment of a receiver and fraudulent misrepresentations made by a manager of the bank. The bank counterclaimed for the balance owing to it and claimed against the personal guarantors. At trial the manager was found to have made fraudulent misrepresentations to the guarantors and nominal damages were awarded to the plaintiffs for trespass. Judgment was granted to the bank for the balance owing on the guarantees. On appeal the judgment in favour of the bank was set aside on the basis of the bank's fraudulent conduct. The matter was appealed to the Supreme Court of Canada and the trial judgment was restored.