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Results: 1-10 of 178

New and Bold Decision by the Ontario Superior Court of Justice Who Madoff with the Money
  • Borden Ladner Gervais LLP
  • Canada
  • July 31 2017

The judiciary has occasionally been criticized by the litigation bar for not taking advantage of the summary judgment procedures set out in the Court


Court confirms that payments made by guarantors extend the limitation period
  • Borden Ladner Gervais LLP
  • Canada
  • June 13 2017

In Royal Bank v. Edna Granite & Marble Inc., Royal Bank of Canada (the "Bank") brought an action against a Borrower and Guarantors regarding an


Notes of Communications with Clients Should be Clear
  • Borden Ladner Gervais LLP
  • Canada
  • June 8 2017

In a recent decision enforcing a bank loan and guarantee (Royal Bank v Edna Granite & Marble Inc), the court provided a reminder that conversations


Alberta Court of Appeal Finds that Innocent Principal was Bound by the Acts of a Fraudulent Mortgage Broker
  • Borden Ladner Gervais LLP
  • Canada
  • May 24 2017

Recently, the Alberta Court of Appeal released its decision in Toronto-Dominion Bank v. Currie. The Court of Appeal considered which innocent party


Third Party In Possession of Financed Truck Ordered To Pay Damages to Bank
  • Borden Ladner Gervais LLP
  • Canada
  • May 22 2017

In Royal Bank of Canada v. Modo, the co-defendant, Rejert Modo entered into a Fixed Rate Conditional Sales Contract with the plaintiff, Royal Bank of


Personal Guarantee Contested On The Basis of Negligent Misrepresentation Is Deemed Enforceable
  • Borden Ladner Gervais LLP
  • Canada
  • April 21 2017

Royal Bank of Canada v. Surje & Company Inc. is a recent decision of the Ontario Superior Court of Justice. The personal defendant, Sunny Bhasin ("Mr


TD v Konga: When Guarantors are Guaranteed to Pay
  • Borden Ladner Gervais LLP
  • Canada
  • April 13 2017

Guarantors beware: the Court of Appeal, in The Toronto-Dominion Bank v Konga, held that the guarantor was required to pay in response to a demand for


SCC Streamlines Collection
  • Borden Ladner Gervais LLP
  • Canada
  • April 3 2017

The Supreme Court of Canada in Royal Bank of Canada v Trang, ("Trang") has streamlined the collection process for judgment creditors attempting to


Bank Did Not Circumvent Secured Interest by Granting Overdraft Protection
  • Borden Ladner Gervais LLP
  • Canada
  • March 31 2017

In Kari Holdings Inc. v. HSBC Bank Canada, C.I.F. Furniture Limited ("CIF") opened two commercial chequing accounts at HSBC Bank Canada ("Bank"). The


Interest Act: When is a Default Charge a Prohibited Penalty?
  • Borden Ladner Gervais LLP
  • Canada
  • March 21 2017

In Bankers Mortgage Corporation v. Plaza 500 Hotels Ltd., the British Columbia Court of Appeal recently considered whether an "Exit Fee" payable on