Law360 Canada ( September 16, 2026, 9:42 AM EDT) -- Appeal by appellant from summary judgment dismissing his action against Bank of Nova Scotia (Bank) arising from losses caused by a counterfeit bank draft fraud. The appellant, an experienced lawyer, maintained his trust account under a Business Banking Services Agreement (BBSA) with the Bank. After receiving what appeared to be a legitimate bank draft from a purported client, he attended the Bank seeking to deposit it without a hold, and to immediately wire funds from his trust account. He alleged that Bank employees assured him that the draft was legitimate and that it was safe to proceed with the wire transfer. The Bank denied that any such assurances were requested or given and asserted that the appellant failed to disclose that the draft was post-dated. After the draft was discovered to be counterfeit, the Bank froze the appellant’s accounts, reversed the deposit, and recovered the resulting deficit pursuant to the BBSA. The appellant commenced an action which alleged negligence and sought recovery of his losses. The motion judge concluded that the BBSA barred the claim, found that there was no genuine issue requiring a trial, and granted summary judgment dismissing the action. The issue on appeal was whether the motion judge erred in concluding that there was no genuine issue requiring a trial....