7.3: Summary Judgment (Application and decision)

Case Summary

Intact Insurance applied for Summary Judgment against the Defendant, O’Onna Leung, a former employee. Intact Insurance alleged that Ms. Leung and her husband, also a former employee, defrauded Intact Insurance while they were employees. Mrs. Leung admitted to defrauding the Plaintiff, and consented to Summary Judgment.

Ms. Leung denied that Mr. Leung was involved or had any knowledge of her fraudulent conduct. Mr. Leung maintained that he had no knowledge of his wife’s conduct and sought Summary Dismissal of the Claim against him on this basis.

Justice Belzil confirmed that Summary Disposition is not available where credibility is genuinely at issue. The Court noted that while Mr. Leung claimed he had no knowledge of his wife’s conduct, he made numerous withdrawals and purchases out of the bank account containing the converted funds over an extended time period. Justice Belzil concluded that these evidentiary issues could not be resolved without findings of credibility as to what Mr. Leung knew or ought to have known. Mr. Leung’s Application for Summary Dismissal was dismissed.

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