Since there is no breach of any duty owed by the defendants
to the plaintiff and the class, the damages question is moot.
 The action is certified as a class proceeding under s. 5(1) of
the CPA. The class is as described in para. 14 above.
 Summary judgment is granted to the defendants. The
action, now certified, is dismissed.
 The parties may make written submissions as to costs.
I would ask that defendants’ counsel provide me with written
submissions of no more than three pages and a bill of costs within
two weeks of today’s date. I would likewise ask that plaintiff’s
counsel provide me with written submissions of no more than
three pages and a bill of costs within two weeks thereafter.
Motion for certification allowed and summary judgment
granted in favour of defendant; action dismissed.
Malcolm Silver & Co. Ltd. et al. v. State Farm Fire and
[Indexed as: Malcolm Silver & Co. Ltd. v. State Farm Fire and Casualty Co.]
2019 ONSC 4264
Superior Court of Justice, Sossin J.
July 15, 2019
Insurance — Interpretation and construction — Fraudster defrauding
insured by using online banking services without authorization — Losses
flowing from online banking transactions not covered by “Forgery or
Alteration” clause in insurance policy.
The applicant was the victim of sustained fraudulent activity by a fraudster
whose schemes included forged cheques and unauthorized online banking transactions. The applicant brought an application for a declaration that the respondent
insurer was required to provide coverage for his losses. By the time the application
was heard, the outstanding issue was whether the applicant’s losses flowing from
the online banking transactions were covered by the “Forgery or Alteration”
clause in the insurance policy.
Held, the application should be dismissed.
The Forgery or Alteration clause in the policy provided that the insurer would
pay for loss resulting directly from “forgery or alteration of any cheque, draft,
promissory note, bill of exchange or similar promises payment in ‘money’ that you
* Vous trouverez la traduction française à la p. 219, post.