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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
Some points about seeking costs against self-represented parties
- Borden Ladner Gervais LLP
- -
- Canada
- -
- September 19 2012
First among them that, ‘in matters of costs, a self-represented litigant is sometimes his own worst enemy’
Consumers will need to opt-on to receive products and services from financial institutions
- Borden Ladner Gervais LLP
- -
- Canada
- -
- July 23 2012
The Negative Option Billing Regulations under Canada’s Bank Act, which are scheduled to come into force on August 1, 2012, will require federally regulated financial institutions (“FRFIs”) as well as the affiliates they control or agents of such FRFIs or affiliates to offer new retail products and services on an opt-in basis only
‘Knowing assistance’ class action certified
- Borden Ladner Gervais LLP
- -
- Canada
- -
- July 10 2012
Good rule of thumb: don’t knowingly assist in someone else’s breach of trust; you’ll be liable too
No duty to correct misstatements of third parties present during earnings call
- Borden Ladner Gervais LLP
- -
- Canada
- -
- July 10 2012
MGIC Investments, an insurer of mortgage loans, was under pressure when the sub-prime market faltered in 2007
New York Court on jurisdiction over claims of bank’s foreign non-customers: not entirely clear-cut
- Borden Ladner Gervais LLP
- -
- Canada
- -
- May 1 2012
The plaintiffs in the two related judgments in Licci v Lebanese Canadian Bank SAL and American Express Bank Ltd (2d Cir, 5 March 2012) were Israeli residents who had been the victims of Hezbollah rocket attacks in 2006
Limitation period for negligent misrep runs from when you know you have a claim, not necessarily from when loss actually occurred
- Borden Ladner Gervais LLP
- -
- Canada
- -
- May 1 2012
With impeccably awful timing, the City of Hamilton bought asset-backed commercial paper (ABCP) in July 2007, three weeks before the ABCP market collapsed
New Bank Act amendments alter security interest priorities between federal Bank Act security and unperfected PPSA and other security interests
- Borden Ladner Gervais LLP
- -
- Canada
- -
- April 13 2012
On March 29, 2012, the Financial System Review Act (“FSRA”) received royal assent, with the provisions coming into force on a date to be fixed by order in council
Focus on Canada's payments system heats up
- Borden Ladner Gervais LLP
- -
- Canada
- -
- April 11 2012
In 2009 and 2010, Canada’s payments systems underwent remarkable scrutiny and was the subject of a host of changes
Attachment or garnishment order against ny branch doesn’t restrain debtor’s Canadian account
- Borden Ladner Gervais LLP
- -
- Canada, USA
- -
- March 15 2012
The old ‘separate entity’ rule, which treats bank branches as distinct for purposes such as garnishment and attachment, is alive and well in New York
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