National Bank Financial ordered to pay $3M to Knowledge House victims
Bank's 'misconduct is so outrageous' that punitive damages are required, court says
The province's highest court is punishing a major Canadian bank for the way it treated Knowledge House investors in Nova Scotia.
In a decision released today, the Nova Scotia Court of appeal ordered National Bank Financial to pay $3 million in punitive damages to four investors who were caught up in the collapse of Knowledge House Inc.
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Shares in Knowledge House Publishing began publicly trading on the Montreal Stock Exchange in 1998 and on the Toronto Stock Exchange in 1999 after the company changed its name to Knowledge House Inc. Share prices soared from a few cents to more than $9 before the company collapsed in 2001.
"The collapse of Knowledge House Inc. (KHI) in August, 2001 led to an avalanche of litigation, regulatory hearings, and criminal prosecutions," wrote Justice Jamie Saunders on behalf of a three-judge panel.
During the course of these legal battles, National Bank was able to negotiate a secret settlement agreement with the Nova Scotia Securities Commission. When details of that settlement were revealed, the court said it proved the bank had been actively deceiving investors the public and the court.
In its ruling, the Court of Appeal dismissed all of the Bank's arguments and ordered that they cannot be used in any future court actions on this case.
'Misery, humiliation and expense'
Justice Saunders went on to write that "recognizing the 10 years of misery, humiliation and expense suffered by all of the claimants at the hands of the Bank… a proper quantum of punitive damages for each of the groups of claimants which will be sufficient to punish the Bank and adequately achieve the objectives of retribution, deterrence and denunciation will be an award of $750,000.00."
One of the lawyers who represented investors in the appeal said the ruling sends a clear message.
"I think the Nova Scotia Court of Appeal has laid down a very clear marker to litigants in the future to say there is some behaviour we won't tolerate," Ian Gray said today. Gray and Dale Dunlop represented four of the investors involved in this appeal.
"I think Nova Scotians at large should take heart in this ruling because it shows that our justice system will not tolerate egregious behaviour by litigants, no matter how powerful they are," Gray said.
The bank must also pay the investors their court costs for this appeal.
This does not end the litigation relating to the collapse of Knowledge House. There is still a trial to come on criminal charges.