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The court held that a promissory note for $330,000 was authentic and binding on Ms. Hart under a broad enduring power of attorney, with unjust enrichment as an alternative basis.
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 refused to set aside pre-judgment garnishing orders over a dishonoured $200,000 cheque, finding a liquidated claim, adequate disclosure, and necessity on the evidence.
The cheque did not constitute a perfected inter vivos gift because delivery of the cheque alone was insufficient where the drawer's account lacked funds and the bank could not be authorized to transfer funds before receiving notice of death; absent consideration, the BEA does not create an enforceable obligation, and equitable doctrines do not alter the legal requirement of delivery and consideration, therefore the appeal is dismissed.
Source excerpt
La Cour fédérale a conclu qu’elle n’avait pas compétence sur l’action proposée de Mme Dalfen contre BMO et a radié la déclaration modifiée sans autorisation de la modifier.
The Court of Appeal held that BMO committed conversion because it collected a bank draft payable to BMO on the instructions of a person not authorized by the plaintiff and made the proceeds available to persons not rightfully entitled to them; the purchaser of a bank draft can maintain a conversion action in these circumstances and BMO failed to establish a pleaded statutory defence under the Bills of Exchange Act.
Source excerpt
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 Federal Court dismissed an appeal from an order striking a Statement of Claim against the Crown, holding it disclosed no viable cause of action or jurisdiction.
The Court upheld summary judgment: the collecting bank converted the cheque by paying out on a forged endorsement and is strictly liable to the drawer under Boma; statutory defenses (holder in due course s.165(3) and fictitious payee s.20(5)) and the preclusion defence do not apply, so the bank must repay the amount and the appeal is dismissed.
Source excerpt
The court held the disputed payment instrument was affected by fraud, so the plaintiffs failed to prove holder in due course status and their claim was dismissed.
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