J.C. Creations Ltd. v. Vancouver City Savings Credit Union et al., (2004) 195 B.C.A.C. 72 (CA)

• Judge: Rowles, Newbury and Hall, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: January 26, 2004
• Jurisdiction: British Columbia
• Citations: (2004), 195 B.C.A.C. 72 (CA);2004 BCCA 107

JC Creations v. Vancouver City Savings (2004), 195 B.C.A.C. 72 (CA);

    319 W.A.C. 72

MLB headnote and full text

Temp. Cite: [2004] B.C.A.C. TBEd. MR.024

J.C. Creations Ltd. dba Heavenly Bodies (appellant/plaintiff) v. Vancouver City Savings Credit Union (respondent/defendant) and Giselle Southworth aka Giselle Krone and H.B.M. Industries Ltd. (third parties)

(CA027836; 2004 BCCA 107)

Indexed As: J.C. Creations Ltd. v. Vancouver City Savings Credit Union et al.

British Columbia Court of Appeal

Rowles, Newbury and Hall, JJ.A.

February 27, 2004.

Summary:

A bookkeeper wrongfully deposited to her own credit union account numerous trade account cheques made payable to her cor­porate employer. The corporation sued the credit union for damages for, inter alia, conversion. The credit union relied on s. 165 of the Bills of Exchange Act.

The British Columbia Supreme Court, in a decision reported at [2000] B.C.T.C. 799, dismissed the action. The corporation ap­pealed.

The British Columbia Court of Appeal allowed the appeal. In the event the parties were unable to agree on the amount owing, the court remitted the matter to the Supreme Court.

Banks and Banking - Topic 3246

Bank deposits - Deposit of cheques - Rights of bank as holder in due course - A bookkeeper wrongfully deposited into her own credit union account trade account cheques made payable to her corporate employer - She stamped the back of the cheques with the employer's address stamp - The employer sued the credit union for conversion - The British Columbia Court of Appeal held that the bookkeeper was not, on the evidence, authorized to negoti­ate the cheques (i.e., fix an endorsement thereon) - The court held that the credit union was liable to the employer for con­version of the cheques - Section 165 of the Bills of Exchange Act was unavailable as a defence - The credit union did not become a holder in due course - See para­graphs 3 to 16.

Banks and Banking - Topic 3517

Cheques and orders drawn on deposits - Payment of cheques - General - To per­son other than payee - Liability of bank - [See Banks and Banking - Topic 3246 ].

Banks and Banking - Topic 3546

Cheques and orders drawn on deposits - Payment of cheques - Endorsements - Endorsement by a corporation - Duty of bank - [See Banks and Banking - Topic 3246 ].

Banks and Banking - Topic 3633

Cheques and orders drawn on deposits - Conversion - Defences - Holder in due course - [See Banks and Banking - Topic 3246 ].

Negotiable Instruments - Topic 4010

Cheques - General - Conversion - [See Banks and Banking - Topic 3246 ].

Negotiable Instruments - Topic 4204

Cheques - Rights of holder in due course - What constitutes a holder in due course - [See Banks and Banking - Topic 3246 ].

Cases Noticed:

Groves-Raffin Construction Ltd. v. Bank of Nova Scotia, [1976] 2 W.W.R. 673; 64 D.L.R.(3d) 78, refd to. [para. 6].

Boma Manufacturing Ltd. et al. v. Canadian Imperial Bank of Commerce, [1996] 3 S.C.R. 727; 203 N.R. 321; 82 B.C.A.C. 161; 133 W.A.C. 161; 140 D.L.R.(4th) 463; [1997] 2 W.W.R. 153; 27 B.C.L.R.(3d) 203, folld. [para. 9].

Housen v. Nikolaisen et al., [2002] 2 S.C.R. 235; 286 N.R. 1; 219 Sask.R. 1; 272 W.A.C. 1; 211 D.L.R.(4th) 577; [2002] 7 W.W.R. 1; 2002 SCC 33, refd to. [para. 9].

Coast Wire Rope & Supply Ltd. (Bankrupt) v. Trans Pacific Hardware Inc. (1999), 122 B.C.A.C. 257; 200 W.A.C. 257; 9 C.B.R.(4th) 255; 1999 BCCA 217, refd to. [para. 9].

373409 Alberta Ltd. et al. v. Bank of Montreal et al., [2002] 4 S.C.R. 312; 317 A.R. 349; 284 W.A.C. 349; 220 D.L.R.(4th) 193; 2002 SCC 81, dist. [para. 12].

Counsel:

E.S. Liu, for the appellant;

G.E.H. Cadman, Q.C., for the respondent.

This appeal was heard before Rowles, Newbury and Hall, JJ.A., of the British Columbia Court of Appeal, at Vancouver, British Columbia, on January 26, 2004. The decision of the court was delivered by Hall, J.A., on February 27, 2004.