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Lenders can breathe a sigh of relief as the law of guarantees remains unchanged
- Borden Ladner Gervais LLP
- -
- Canada
- -
- May 21 2013
On May 13, 2013, the Ontario Court of Appeal released its highly-anticipated decision in Royal Bank of Canada v. Samson Management & Solutions, a
Federal financial institutions legislative and regulatory reporter
- Borden Ladner Gervais LLP
- -
- Canada
- -
- May 16 2013
The Reporter provides a monthly summary of federal legislative and regulatory developments of relevance to federally regulated financial institutions
Federal financial institutions legislative and regulatory reporter
- Borden Ladner Gervais LLP
- -
- Canada
- -
- March 26 2013
The Reporter provides a monthly summary of federal legislative and regulatory developments of relevance to federally regulated financial institutions
Personal credit information can insurance companies use it to set premiums?
- Borden Ladner Gervais LLP
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- Canada
- -
- February 19 2013
According to a report of findings released by the Office of the Privacy Commissioner of Canada (the "Federal Commissioner"), insurance companies can
Lenders must ensure compliance with guarantee conditions or risk discharge of guarantee: Coast Mountain Aviation v. Brooks Enterprises
- Borden Ladner Gervais LLP
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- Canada
- -
- February 1 2013
A recent British Columbia Supreme Court decision in Coast Mountain Aviation Inc. v. M. Brooks Enterprises Ltd. held that the guarantor of a loan was
Unenforceable guarantees: decision under appeal!
- Borden Ladner Gervais LLP
- -
- Canada
- -
- December 6 2012
In our recent client update entitled Unenforceable Guarantees: Lenders Take Note! we reviewed the surprising Ontario Superior Court decision in Royal Bank of Canada v. Samson Management & Solutions Ltd
Inadvertently discharged PPSA financing statement saved by equity (but caution, this will not always occur)
- Borden Ladner Gervais LLP
- -
- Canada
- -
- November 13 2012
A recent Supreme Court of British Columbia decision in KBA Canada v. 3S Printers Inc. held that where a BC PPSA financing statement has been inadvertently discharged and there is no prejudice to subordinate creditors, the court can make an order giving priority to the discharged creditor
Unenforceable guarantees: lenders take note!
- Borden Ladner Gervais LLP
- -
- Canada
- -
- November 6 2012
A recent Ontario Superior Court decision in Royal Bank of Canada v. Samson Management & Solutions Ltd. addresses the enforceability of guarantees and drives home the lesson that when increasing the amount or changing conditions under a loan agreement, the lender (a) should not terminate the old loan agreement and replace it with a new one and (b) should always have a new guarantee provided or the old guarantee confirmed
Sober second thoughts on the proposed Canadian prepaid card regulations
- Borden Ladner Gervais LLP
- -
- Canada
- -
- November 2 2012
The Canadian federal government has announced proposed Prepaid Payment Products Regulations (the “Regulations”) in connection with its mandate to protect consumers when using payment products and improving consumer awareness on these forms of payment
A further handicap or levelling the playing field? Canadian Code of Conduct to expand to mobile payments
- Borden Ladner Gervais LLP
- -
- Canada
- -
- October 4 2012
The Canadian federal government has published a proposed Addendum to the Code of Conduct for the Credit and Debit Card Industry in Canada for public consultation, which would extend the Code to mobile payments
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