TD Bank v. Leigh Instruments (1999), 45 O.R. (3d) 417 (C.A.) affirming trial decision at (1998), 40 B.L.R. (2d) 1 (Ont.S.C.)
Acted as junior counsel for the plaintiff in this lengthy trial which was ultimately dismissed after trial and appeal. The case is an important decision on comfort letters. Numerous practice points are separately reported at (1997) 32 O.R. (3d) 575 (privilege issue); (1997) 33 O.R. (3d) 696 (tax loss issue); (1997) 35 O.R. (3d) 369 (compellable officer issue); (1997) CanLII 12275 (res judicata issue); (1998) 17 C.P.C. (4th) 388 (use of transcript of deceased witness); and (1991), 51 O.A.C. 321 (Div.Ct.) (motion to strike claim against officers and directors).