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financial services litigation

Our Litigation Group acts for both domestic and foreign financial institutions on a wide range of matters. We represent our clients in actions for breach of fiduciary duty, lender liability, breach of contract and breach of trust and in class actions. We regularly act for clients to collect debts and enforce security, including asserting claims on guarantees, letters of credit and other financial instruments and priority claims. We also handle Bills of Exchange Act, fraud and fraudulent conveyance, and auditors' negligence litigation. We enhance our clients' representation by calling upon the broad expertise of our lending and insolvency solicitors as needed.


Publications / Presentations
May 2012
a financial institution is condemned to live with its own mistake: a loan with a 0% interest rate is maintained by the Quebec court
litigation bulletin
April 2012
check those cheques: is the payee plausible?
financial services litigation bulletin
October 2011
Whose Bank Account is it Anyway? A Bank's Right to Close an Account Against the Customer's Will
National Banking Law Review, Lexis Nexis, Volume 30, Number 5
July 2011
security pledgees need not hire Watson
Financial Services Litigation Bulletin
June 2011
whose bank account is it anyway? a bank's right to close an account against the customer's will
Litigation Bulletin
May 2011
limitations unlimited: foreign judgments are subject to two-year limitations period in Ontario
Litigation Bulletin
May 2011
libel tourism: internet defamation knows no bounds
Internet and E-Commerce Law in Canada, Volume 12, Number 1
April 29, 2011
banks have right to hold tight in paying cheques: Ontario court holds that banks need not bear the risks of cheques being dishonoured
Financial Services Litigation Bulletin
March 2011
when banks' clients behave badly
Financial Services Litigation
March 2011
private Loans: Disclosure of Mortgage Statements to Third-Party Creditors Violates PIPEDA
Canadian Privacy Law Review
February 2011
Dracula versus Peter Pan
Fictitious persons and banks' liability for cheque conversion
Financial Services Litigation Bulletin, also published in the National Banking Law Review, Vol. 30, No. 2
February 2011
Taking Proceeds Without Caution: Ontario Court Determines Secured Lenders' Entitlement to Proceeds of Collateral
National Banking Law Review
February 2011
The Broader The Clause, The Better The Protection: Ontario Court of Appeal Decision Underscores the Power of Broadly Drafted Indemnification Provisions in Loan Agreements
National Banking Law Review
January 2011
Private Loans: disclosure of mortgage statements to third-party creditors violates PIPEDA
Financial Services Litigation Bulletin
November 2010
Supreme Court weighs in on the battle of the security regimes
Debt Products and Financial Services Litigation Bulletin
October 2010
taking proceeds without caution
Financial Services Litigation Bulletin
September 2010
the broader the clause, the better the protection
Financial Services Litigation Bulletin (Co-author)
August 2010
time to take action
Ontario Court of Appeal Outlines the Limitation Periods Applicable to the Enforcement of Indemnities and Collateral Mortgages
Financial Services Litigation Bulletin
July 2010
verify those verification clauses – an update to account agreements may be in order
Financial Services Litigation Bulletin
June 2010
The Best Defence is...a Good Defence
Financial Services Litigation Bulletin
April 2010
…because sometimes it makes cents to rush to judgment
Ontario's new summary judgment rule allows banks to deal expeditiously with meritless claims and hopeless defences
(Co-author) Financial Services Litigation Bulletin
March 2010
Overdraft.....Under Water?
Co-author (Lisa Brost and Rob Barrass), Financial Services Litigation Bulletin, also published in the National Banking Law Review, Vol. 29, No. 4
February 2010
Taking a Run at the Constitutional Division of Powers?
National Banking Law Review, Volume 29, Number 1
February 2010
As Justice Demands
Financial Services Litigation Bulletin
October 2009
muddling or meddling through
financial services litigation bulletin
September 2009
court shoots down applicants who knew too much: Ontario court of appeal tightens the reins on Norwich orders
Litigation Bulletin, co-authored with Jessica Young
September 2009
when good lenders meet bad borrowers
Financial Services Litigation Bulletin
August 2009
back to the victim go the spoils of fraud
Financial Services Litigation Bulletin
April 2009
Stand by your Forms? Lenders must be cautious in light of courts' willingness to rewrite standard loan guarantee forms
Financial Services Litigation Bulletin
January 2009
Satisfaction Guaranteed: Limitation Periods for Independent Guarantees Clarified in Bank of Nova Scotia v. Williamson
Financial Services Litigation Bulletin
October 2008
Court Rejects Charter Challenge to Financial Institution's Fraud Investigation Under PIPEDA
Financial Services Litigation Bulletin
Winter 2008
Norwich Orders Arrive in Ontario
Financial Institutions called upon to Assist in Fighting Alleged Client Fraud
Financial Services Litigation Bulletin