Gesner v. Coast Capital Federal Savings
Ashley Gesner
Law Firm / Organization
Self Represented
Coast Capital Federal Savings
Law Firm / Organization
Whitelaw Twining (WT BCA LLP)
Lawyer(s)

Amy Peck

  • Facts: Ashley Gesner, an entrepreneur, filed a claim against Coast Capital Federal Savings, alleging breach of contract, negligence, and failure of duty of care. Gesner claimed that the bank wrongfully delayed opening her business account, wrongfully debited funds, failed to defer mortgage payments causing her to sell her property, and did not protect her from cyber fraud. She sought damages, interest, and restoration of her credit rating.
  • Issue: Whether Coast Capital was liable for the alleged breach of contract, wrongful financial transactions, failure to defer payments leading to property sale, and liability for damages related to cyber fraud.
  • Court’s Ruling: The court dismissed Gesner’s claims, finding no evidence that Coast Capital breached any contractual or duty of care obligations. It was determined that the delays and financial transactions were not wrongful under the terms of their agreement, and Coast Capital was not responsible for Gesner’s decision to sell her property or for the cyber fraud losses.
  • Costs/Damages Awarded: The court dismissed Gesner’s application seeking judgment on the claim and awarded costs to Coast Capital, but the specific amount of costs awarded was not detailed in the provided text.
Supreme Court of British Columbia
S231434
Civil litigation
Defendant