We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 137

BC Court of Appeal Clarifies Rights of Joint Accountholders
  • Borden Ladner Gervais LLP
  • Canada
  • July 8 2016

Can one owner of a joint bank account withdraw all of the funds for their own purposes? Does the other joint accountholder have any right to


Discretionary Mortgage Pre-Payment Penalties Enforceable - Unless Unconsionable or Miscalculated
  • Borden Ladner Gervais LLP
  • Canada
  • June 15 2016

In Sherry v. CIBC Mortgages Inc., the BC Court of Appeal reversed the certification of a class action in part. In the underlying case, the


A Rose by Any Other Name: SCC Rules that the Loss of a Discounted Interest Rate is Equivalent to the Imposition of a Penal Interest Rate under the Section 8 of the Interest Act
  • Borden Ladner Gervais LLP
  • Canada
  • May 31 2016

On May 6, 2016, the Supreme Court of Canada ("SCC") released its decision in Krayzel Corporation v The Equitable Trust Company. The case was an


Criminal Conviction of Attorney for Property Gives Rise to Important Lessons for Financial Institutions and Advisors
  • Borden Ladner Gervais LLP
  • Canada
  • May 4 2016

Financial institutions and advisors are often asked whether it is proper for an attorney for property to make substantial gifts of property to


Prior Involvement as Advisor to Debtor Company - Possible Bar to Appointment in Restructuring Proceedings
  • Borden Ladner Gervais LLP
  • Canada
  • May 2 2016

Financial institutions need to be mindful of the effect of the engagement of financial advisors with respect to their special loan clients. Recently


Quebec Superior Court Circumscribes Banks’ Obligation to Investigate Deposit of Cheques
  • Borden Ladner Gervais LLP
  • Canada
  • April 29 2016

In Marcus Food Co v. TD Canada Trust, two cheques deposited in the Plaintiff's Canadian account by an unknown individual for a third party not


Bank's Discretionary Probate Policy Approved by the Court
  • Borden Ladner Gervais LLP
  • Canada
  • April 24 2016

The Supreme Court of British Columbia recently held that a financial institution may require an executor to obtain a grant of probate before the bank


Quebec judge imposes 18 month sentence for credit card fraud
  • Borden Ladner Gervais LLP
  • Canada
  • March 30 2016

In R. v. Dey, the Quebec Court has sentenced a credit card fraudster to 18 months incarceration, followed by two years of probation. The Court


Federal Court Orders Bank to Provide Ex-Customers with Undisclosed Personal Information
  • Borden Ladner Gervais LLP
  • Canada
  • March 24 2016

In Bertucci v. Royal Bank of Canada, the Federal Court allowed two applications for disclosure of personal information brought by customers whose


Recent Alberta decisions a warning to financial institutions: be more diligent
  • Borden Ladner Gervais LLP
  • Canada
  • March 16 2016

In two recent and related decisions, the Alberta Court has taken the opportunity to warn financial institutions to be more diligent in preventing