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Ontario Court Of Appeal Summaries (July 8 – 12, 2019)
In Dermann v. Baker, 2019 ONCA 584, the Court considered the qualifying of certain witnesses as experts for the purposes of r. 53.03 of the Rules of Civil Procedure
Canada
23 Jul 2019
2
Ontario Court Of Appeal Summaries (April 8 – 12, 2019)
Below are summaries of the civil decisions released by the Court of Appeal for Ontario this week.
Canada
30 Apr 2019
3
Ontario Court Of Appeal Summaries (January 28 – February 1, 2019)
Here are this week's summaries of the civil decisions of the Court of Appeal for Ontario.
Canada
8 Feb 2019
4
Ontario Court Of Appeal Summaries (January 14 – 18, 2019)
Following are our summaries of the civil decisions of the Court of Appeal for Ontario this past week.
Canada
24 Jan 2019
5
Teva: Employee Cheque Fraud - Who Is Liable?
On October 27, 2017 the Supreme Court of Canada released its long-awaited decision in Teva Canada Ltd. v. TD Canada Trust.
Canada
6 Dec 2017
6
RBC v. Trang: When Is "Highly Sensitive" Financial Information Not That Sensitive?
The Supreme Court of Canada has provided guidance to financial institutions holding otherwise "highly sensitive" information to determine when that information is somewhat less sensitive, such that it can be disclosed.
Canada
10 Feb 2017
7
Citizens Bank: U.S. District Court Rejects Contra Proferentem Reading Of Financial Institution Bond In Finding No Coverage For Forged USDA Guarantees
On November 16, 2016, the U.S. District Court for the Eastern District of Wisconsin released its decision in Citizens Bank Holding Inc. v. Atlantic Specialty Insurance Co.
Canada
2 Dec 2016
8
Served A Demand Letter By The Bank? Five Things To Know
If you are served with a demand letter from your lender, you don't have to fold up your tent and give in. If, like most companies, you feel that if you had more time, you could improve the situation...
Canada
24 Nov 2016
9
Hantz Financial Services: Sixth Circuit Enforces Suit Limitation Provision In Finding No Coverage Under Financial Institution Bond
On November 9, 2016, the Sixth Circuit Court of Appeals released its decision in Hantz Financial Services, Inc. v. American International Specialty Lines Insurance Co...
Canada
22 Nov 2016
10
Court Of Appeal Summaries (February 1, 2016 - February 5, 2016)
The appellant claims an interest in the respondent's home, in which he and his wife lived, paying rent for over 20 years.
Canada
12 Feb 2016
11
Court Of Appeal Summaries (January 11, 2016-January 15, 2016)
The Court of Appeal's civil decisions this week covered a number of areas including insurance, securities (secondary market misrepresentations), dismissal for delay, family, debtor-creditor, limitation periods, summary judgment and franchising in the class action context.
Canada
19 Jan 2016
12
D2 Contracting: B.C. Supreme Court Accepts Bank's Contractual And Statutory Defences To Forged Cheque Claim Under Canada's Bills Of Exchange Act
The recent decision of the British Columbia Supreme Court in D2 Contracting Ltd. v. Bank of Nova Scotia provides useful guidance for fidelity claims and subrogation professionals on dealing with cheque fraud losses arising from forged drawer signatures.
Canada
3 Dec 2015
13
Hantz Financial Services: U.S. District Court Applies "Direct Means Direct" Approach In Finding No Coverage For Third-Party Losses Under Financial Institution Bond
In Hantz Financial Services, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA., the U.S. District Court for the Eastern District of Michigan held that a Financial Institution Bond...
Canada
7 Oct 2015
14
Jacobson Family Investments: New York Appellate Division Interprets Scope Of Financial Institution Bond's Investment Advisor Coverage And Securities Broker Exclusion
On June 18, 2015, the New York Supreme Court, Appellate Division released its decision in Jacobson Family Investments, Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa.
Canada
29 Jun 2015
15
Ontario Court Of Appeal Interest Act Decision Has Lessons For Both Lenders And Borrowers
The Ontario Court of Appeal has delivered important messages to lenders who take mortgages on real property as security and to borrowers who provide such security.
Canada
15 Jun 2015
16
First National Bank Of Northern California: Ninth Circuit Analyzes Scope Of "Customer" Under Financial Institution Bond's Telefacsimile And Voice Instruction Transactions Coverage
In First National Bank of Northern California v. St. Paul Mercury Insurance Company, the Ninth Circuit Court of Appeals analyzed certain requirements for Telefacsimile and Voice Instruction Transactions...
Canada
12 Jun 2015
17
Supreme Court Turns Down Leave To Appeal Case Important To Loan Co-Guarantors
The Supreme Court of Canada has declined to hear an appeal of an Ontario decision that left one of two parties who guaranteed a loan stuck for the entire obligation.
Canada
3 Jun 2015
18
Highland Bank: Eighth Circuit Affirms Necessity Of Bank’s Direct Reliance On Personal Guarantee Under Financial Institution Bond’s Securities Coverage
On March 3, 2015, the Eighth Circuit Court of Appeals released its decision in BancInsure, Inc. v. Highland Bank.
Canada
10 Mar 2015
19
Raza Kayani: Ontario Court Of Appeal Addresses Scope Of Fictitious Payee Defence Under Canada’s Bills Of Exchange Act
In the recent decision of Raza Kayani LLP v. Toronto-Dominion Bank, the Ontario Court of Appeal addressed the scope of the "fictitious payee" defence available to banks and other financial institutions under Canada’s Bills of Exchange Act.
Canada
27 Feb 2015
20
Bank Of Brewton: Eleventh Circuit Affirms Financial Institution Bond’s Distinction Between Counterfeit Documents And Fraudulently-Procured, But Authentic, Documents
On February 9, 2015, the Eleventh Circuit Court of Appeals released its decision in Bank of Brewton v. The Travelers Companies, Inc.
Canada
13 Feb 2015
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