The Alberta Court of Appeal recently considered a case
concerning the tort of unlawful conspiracy in HSBC Bank Canada
v Fuss, 2013 ABCA 235. After applying the five elements of the
tort as set out in Agribrands Purina Canada Inc v
Kasamekas, 2011 ONCA 460 (Agribrands), the trial judge awarded
damages in favour of the respondent, HSBC Bank Canada
(HSBC), in the sum of $1,761,901.14. The appellants, David Fuss
(Fuss) and his wife, Rhonda Thuna (Thuna), appealed the trial
judge's decision.
Background
82836 Alberta Ltd. (828) was a wholesale and retail distributor
of satellite systems and electronics. In 2001 HSBC provided 828
with financing through an operating line of credit, and pursuant to
a GSA executed in HSBC's favour, any money collected or
received by 828 was subject to a trust. At that time Cameron
Kendrick (Kendrick) was 828's only director and shareholder.
Fuss was a director of two Ontario corporations that were suppliers
of 828, Ariza Technology Inc.
