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Full-Text Articles in Law

Cbdc+: Why Cbdc Proposals Need To Become More Comprehensive To Succeed, Muharem Kianieff Oct 2023

Cbdc+: Why Cbdc Proposals Need To Become More Comprehensive To Succeed, Muharem Kianieff

Law Publications

The innovation that is associated with developing a digital currency has provided for a unique opportunity to reconsider how consumers can access payment mechanisms and conduct retail banking following the emergence of new fintech technologies. As such, this is a prescient time for policy makers to reconsider financial reform efforts to leverage new technological developments as a means of making the payments system more efficient.

This paper considers some of the challenges facing Central Banks as they attempt to navigate these pressing challenges. In particular, the paper will assess the relative prospects for success for some of the more popular …


Jones V Tsige: A Banking Law Perspective, Muharem Kianieff Jan 2013

Jones V Tsige: A Banking Law Perspective, Muharem Kianieff

Law Publications

This paper considers the recent Ontario Court of Appeal decision in Jones v Tsige. In this unprecedented case, a bank customer was allowed to sue a bank employee personally for the tort of invasion of privacy after the employee surreptitiously accessed her bank account. The case is significant due to its introduction, for the first time, of an American cause of action under the tort of invasion of privacy. In order to fashion the plaintiff with the personal remedy, however, the Court has failed to consider the application of the Tournier doctrine that has established that banks owe a duty …


Preliminary Background Paper On The Canada Interest Act, Thomas G. W. Telfer Jan 2007

Preliminary Background Paper On The Canada Interest Act, Thomas G. W. Telfer

Law Publications

No abstract provided.


Looking For Cover: A Public Choice Critique Of The Canadian Debit Card Code, Muharem Kianieff Jan 2005

Looking For Cover: A Public Choice Critique Of The Canadian Debit Card Code, Muharem Kianieff

Law Publications

This paper compares and contrasts American and Canadian efforts to regulate debit cards. The paper begins by outlining significant differences between the two approaches arguing that Canadians do not enjoy the same level of protection as do their American counterparts with respect to its provisions governing unauthorized transactions, dispute resolution and its enforcement mechanisms. The question is then asked as to why this is the case and the paper examines the two legal regimes through an institutions affirming public choice lens. The paper suggests that the more concentrated nature of the financial services industry in addition to its desire to …


Private Banknotes In Canada From 1867 (And Before) To 1950, Muharem Kianieff Jan 2004

Private Banknotes In Canada From 1867 (And Before) To 1950, Muharem Kianieff

Law Publications

This article outlines the legal and historical experience of the rise and fall of privately issued paper money in Canada against the backdrop of the development of paper currency in Europe, and it reviews the reasons why the right to issue currency was ultimately transferred from private banks to the Bank of Canada. The article opens with a discussion of the monetary regime that developed in Europe and was imported into Canada well before Confederation. The value of medieval coins was based on the value of the precious metals in them, and fluctuations in the price of those metals led …


Beyond The Proposals: Public Participation In International Economic Law, Chios Carmody Jan 2000

Beyond The Proposals: Public Participation In International Economic Law, Chios Carmody

Law Publications

No abstract provided.