Banking and Finance Law Commons^™

Allocation Of Sender Risks In Wire Transfers: The Common Law And Ucc Article 4a [Part 1], Benjamin Geva

Articles & Book Chapters

No abstract provided.

Power Without Responsibility Or Responsibility Without Power? Recent Developments In The Jurisdiction Of The Ontario Securities Commission, Mary Condon

Articles & Book Chapters

In its present legislative form and in its administration, the Ontario Securities Act has taken onto itself powers which this Commission believes were never intended...To correct this it believes that legislation should be enacted which will clearly define and limit the powers of the administrative authority to requirements under such legislation, and that these should not be deviated from for any reason of policy or otherwise.

Negotiable Instruments And Banking: Review Of Some Recent Canadian Case Law, Benjamin Geva

Articles & Book Chapters

This review presents a survey of some significant cases decided recently on a variety of topics in the area of negotiable instruments and banking. Although none of the reviewed cases may be truly earth-shattering, they all are important because they freshen, clarify or restate the law. Specific topics covered are the reach of provincial jurisdiction to bills of exchange and promissory notes, forgery and verification agreement, requisites for negotiability, the defence of non-delivery of a bill or note, priority instruments in the insolvency of a bank, holding in due course requirements, notice of dishonour rules, and preauthorized automated debit payments.

Irrevocability Of Bank Drafts, Certified Cheques And Money Orders, Benjamin Geva

Articles & Book Chapters

This article deals with three types of negotiable instruments payable on demand which are issued, stamped or signed by banks prior to their collection and payment, and used as mechanisms for the transmission of funds. These instruments are the bank draft, including the bank money order, the certified cheque, and the personal money order. The article is concerned with the binding effect, or the irrevocability, of the bank's obligation on these instruments under the law of bills and notes. It concludes that (1) the issuer of the bank draft is liable as a drawer, and under some circumstances, also as …

Compelling Disclosure By A Non-Party Litigant In Violation Of Foreign Bank Secrecy Laws: Recent Developments In Canada-United States Relations, Jean-Gabriel Castel

Articles & Book Chapters

The question whether Canadian or American courts should enforce their laws in a manner that respects the laws of friendly sovereign states has recently been examined by the Supreme Court of Canada and the United States Court of Appeals for the Eleventh Circuit. Their decisions will be the object of this note in the light of recent developments in Canada-United States relations in the area of legal assistance in civil and criminal matters.

Often our courts are asked to compel a person not a party to the litigation or investigation to produce documents or give evidence in Canada when to …