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The court enforced promissory notes against two defendants, rejecting arguments about collateral oral agreements and economic duress, and awarded principal, interest, and costs.
Signing cheques under an unregistered trade name that is not the corporate name renders the signer personally liable under the Bills of Exchange Act; therefore the appellant was personally liable on the dishonoured cheques and the appeal is dismissed.
Source excerpt
The court denied summary judgment on bill-of-exchange claims, finding unpleaded affidavit evidence raised triable issues of misrepresentation and a counterclaim justified discretion.
La Cour accorde un jugement sommaire à Voce pour un chèque postdaté impayé, concluant qu’il existait une contrepartie valable et que l’affaire était appropriée.
The court held D2 was bound by Scotiabank’s account agreement, the verification clause was enforceable, and D2’s claim over forged cheques was dismissed.
The Supreme Court of Canada held that a bank receiving cheques for deposit into a joint account was not liable to pay the tax debtor under s. 224 ITA.
The court held that the notes were too uncertain to enforce against Danny Virtue personally and dismissed the action without costs.
The Bank was a holder in due course because it took the cheque in good faith and without notice of any defect when it was delivered for deposit; the subsequent issuance of a bank draft did not constitute negotiation that would change when the Bank's good faith is measured.
Source excerpt
Appeal from a Master’s refusal to amend pleadings. The court held the proposed alternative allegations were permitted and granted the amendment.
The court addressed a counterfeit-cheque banking dispute, holding the bank liable in part for reversing cleared funds and for some wrongful disclosures and defamatory communications.
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