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Results: 1-10 of 141

Regulator's ad browsing on Kijiji pays off with enforcements against illegal solicitation
  • Borden Ladner Gervais LLP
  • Canada
  • September 9 2016

The AMF was successful in two recent decisions before the TMF against individuals soliciting private investment and Forex trading investors via ads


Bank Liable for Failing to Properly Report to Credit Bureaus
  • Borden Ladner Gervais LLP
  • Canada
  • August 16 2016

A recent Alberta case highlights the need for banks to ensure that they properly report on their debtor's credit status, especially in disputed


When is a Consequence a Penalty?
  • Borden Ladner Gervais LLP
  • Canada
  • August 9 2016

A recent case from the British Columbia Court of Appeal (Do v. Nichols) confirms that courts will be reluctant to refuse to enforce an onerous


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