Credit cards subject to provincial disclosure laws
The perennial question in Canadian law (and politics) is: is it federal or provincial? In the case of credit cards issued by banks, the answer is "both". Although banks are a federal responsibility, provincial consumer protection laws mandating disclosure of contract terms apply to banks that issue credit cards, the Supreme Court held recently in three decisions issued the same day. [more] Full article
Aldo can sue MasterCard in Ontario, court rules
A choice of forum clause will generally not be enforced against a non-party to the contract containing the clause, the Ontario Court of Appeal held in a recent decision arising ... [more] Full article
“Green” Light for Class Actions? Court of Appeal Overturns Sharma v. Timminco
Securities class actions have come full circle. Two years ago, a “thunderbolt” decision from the Ontario Court of Appeal barred class actions for secondary market misrepresentation under the Ontario Securities Act unless the plaintiffs won the ... [more] Full article
Banker Beware: Bank may be liable to third parties for its client’s fraud
A bank may be liable to non-customers who are victims of a fraud carried out by a customer of the bank if the bank had constructive knowledge (but not actual ... [more] Full article
Banking Litigation Contributors
Meredith Hayward
Meredith has earned an impressive reputation for her skill and abilities in Commercial Litigation and Administrative Law, appearing at all levels of court in Ontario, before the British Columbia Court of Appeal, and before the Supreme Court of Canada.
David N. Vaillancourt
David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.
