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

Amy Peck

Background:
Ashley Gesner appealed a decision from the Supreme Court of British Columbia, where her claims against Coast Capital Savings Federal Credit Union were dismissed. She alleged that Coast Capital mishandled various financial services, including delaying the opening of a business account, wrongful debits, failure to defer mortgage payments, and liability for cyber fraud. Gesner sought damages and restoration of her credit rating.

Legal Issues:
Gesner’s appeal raised issues of breach of contract and negligence. The court evaluated whether Coast Capital had delayed the opening of her business account, wrongfully debited funds, failed to defer mortgage payments, and caused damages through cyber fraud. Gesner also sought to introduce new respondents into the appeal based on newly obtained evidence.

Court’s Findings:
The Court of Appeal extended the time for Gesner to file her appeal factum but dismissed her applications to add new respondents and introduce new evidence. The court held that the entities she wished to add were not directly affected by the original judgment and could not be added to the appeal. The court also noted that Gesner’s grounds for appeal appeared weak but not bound to fail.

Costs:
No specific award or costs were granted in this decision; the costs of the applications were deferred to the outcome of the main appeal.

Court of Appeals for British Columbia
CA49800
Civil litigation
Respondent