Copies of entries in bankers’ books can be used as evidence in legal proceedings, but only if the required proof of the book, the entry, and the copy’s correctness is first provided. A court or judge may also let a party inspect and copy bank entries, and can allocate costs against a bank in some cases.
RSNL1990 CHAPTER B-2 BANKERS' BOOKS ACT Amended: CHAPTER B-2 AN ACT RESPECTING BANKERS' BOOKS Analysis 1. Short title 2. Definitions 3. Entries in banker's books 4. Proof 5. Verification 6. Inspection 7. Costs Short title 1. This Act may be cited as the Bankers' Books Act. RSN1970 c19 s1 Back to Top Definitions 2. In this Act (a) "bank" and "banker" mean a person, partnership or company carrying on the business of bankers or a bank or the liquidators, receivers or trustees of a bank that is being wound up, and a savings bank; (b) "bankers' books" include ledgers, day books, cash books, account books, and all other books used in the ordinary business of the bank; (c) "officer" includes liquidator, receiver and trustee; (d) "legal proceeding" means a civil or criminal proceeding or inquiry in which evidence is or may be given, and includes an arbitration; (e) "court" means the court, judge, arbitrator or person before whom a legal proceeding is held or taken; and (f) "judge" means a judge of the Trial Division. RSN1970 c19 s2; 1986 c42; Sch A & Sch B Back to Top Entries in banker's books 3. A copy of an entry in a banker's book shall in all legal proceedings be received as evidence of the entry and of the matters, transactions and accounts recorded in the entry. RSN1970 c19 s3 Back to Top Proof 4. (1) Notwithstanding section 3, a copy of an entry in a banker's book shall not be received in evidence under this Act, unless it is first proved that the book was, at the time of the making of the entry, one of the ordinary books of the bank, and that the entry was made in the usual and ordinary course of business and that the book is in the custody or control of the bank. (2) The proof referred to in subsection (1) may be given by a partner or officer of the bank, and may be given orally or by an affidavit sworn or affirmed before a commissioner or person authorized to take affidavits. RSN1970 c19 s4 Back to Top Verification 5. (1) A copy of an entry in a banker's book shall not be received in evidence under this Act, unless it is further proved that the copy has been examined with the original entry and is correct. (2) The proof referred to in subsection (1) shall be given by a person who has examined the copy with the original entry, and may be given either orally or by an affidavit sworn or affirmed before a commissioner or person authorized to take affidavits. RSN1970 c19 s5 Back to Top Inspection 6. (1) On the application of a party to a legal proceeding, a court or judge may order that the party be at liberty to inspect and take copies of entries in a banker's book for the purposes of the legal proceeding. (2) An order under this section may be made either with or without summoning the bank or another party, and shall be served on the bank 3 clear days before it is to be obeyed, unless the court or judge otherwise directs. RSN1970 c19 s6 Back to Top Costs 7. (1) The costs of an application to a court or judge under this Act, and the costs of anything done or to be done under an order of a court or judge made under this Act, shall be in the discretion of the court or judge, who may order the costs, or a part of the costs, to be paid to a party by the bank where the costs have been occasioned by a default or delay on the part of the bank. (2) An order referred to in subsection (1) against a bank may be enforced as if the bank were a party to the proceeding. RSN1970 c19 s7 ©Earl G. Tucker, Queen's Printer