Email to Mr. Lachlan Maclachlan, Ombudsman & Senior Vice-President, Canadian Imperial Bank of Commerce

I provided you with a very complete description of document-based issues on April 5, 2005. On April 7, I sent a third email to you requesting an opportunity to meet.

We believe we have acted in good faith, going well beyond what is reasonable to engage CIBC in trying to resolve this matter. We have asked four times for a meeting but been refused or obstructed at each opportunity.

We have concluded that CIBC is refusing to deal with us and is acting in bad faith and this forces us to look elsewhere for remedy.

Email to Mr. Lachlan Maclachlan, Ombudsman & Senior Vice-President, CIBC

To: Mr. Lachlan Maclachlan, Ombudsman & Senior Vice-President, Canadian Imperial Bank of Commerce, CIBC
From: Mr. Andrei Oudovikine, B.Eng. and Professor Alexandre Oudovikine, Ph. D.
Date: April 8, 2005

REGARDING: Refusal to deal and bad faith

Dear Mr. Maclachlan,

Senior officials of your financial institution have known of our primary concerns with CIBC lending negligence or fraud since June 21, 2004.

On December 22, 2004, I addressed my concerns to your trade association, the Canadian Franchise Association.

Specifically, under Section Six of their Code of Ethics, I stated that CIBC was "obstructing complaint, privacy violation, intimidation, attempt to coerce complaint abandonment through third parties, refusal to meet, misrepresentations, refusal to accept complaint, retaliation" [author's emphasis] as well as violations of the Bank Act, Canada Small Business Financing Act and Regulations, PIPEDA, and the Arthur Wishart Act (Franchise Disclosure) 2000.

CIBC Ombudsman's Office
On November 30, 2004, your office accepted our complaint. Ms. Sandra Fitzgerald, CIBC Manager of Ombudsman Office, refused to meet with me during a telephone conversation on December 8, 2004.

I have personally asked to meet with you since March 1, 2005. Despite your assurances, you continue to act, knowing the status quo continues to cause my family severe financial hardship.

I provided you with a very complete description of document-based issues on April 5, 2005. On April 7, I sent a third email to you requesting an opportunity to meet.

We believe we have acted in good faith, going well beyond what is reasonable to engage CIBC in trying to resolve this matter. We have asked four times for a meeting but been refused or obstructed at each opportunity.

We have concluded that CIBC is refusing to deal with us and is acting in bad faith and this forces us to look elsewhere for remedy.

Yours truly,

Mr. Andrei Oudovikine, B.Eng.
Professor Alexandre Oudovikine, Ph. D.

cc:
Hon. Jim Watson
Minister
Ministry of Consumer and Business Services

Mr. Mario G. Racco, MPP Thornhill
Antonette DiNovo

Ms. Susan Kadis, MP Thornhill

Mr. Doug Weber
Deputy Ombudsman
Ombudsman for Banking Services and Investments

Mr. Richard Cunningham
President
Canadian Franchise Association

Mr. Les Stewart, MBA
President
Canadian Alliance of Franchise Operators


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