By Sarah D. PinsonnaultIn Tayar c. Croll, 2015 QCCA 1062, the Appellant contends, inter alia, that the Respondent’s action against him should have been dismissed by the trial judge since she apparently provided the Appellant with a full and final release when she signed a release form which stated that the parties “wish to release one another from any liability relating to the Funds and otherwise…”. More precisely, the Appellant purports that the words “and otherwise” include the Respondent’s claim in the present matter. ContextThe Respondent’s claim stemmed from the misappropriation of her funds by the Appellant, an advisor whose services she retained to manage her accounts. The trial judge granted the Respondent’s action and condemned the Appellant to pay her the sum of $545,976.57 with interest and costs, that being the amount of her claim.DecisionThe Court of Appeal found that the Appellant failed to show any palpable error in… Lire la suite
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Juin2015
