Manor Windsor Realty Ltd. v. Bank of Nova Scotia, [2011] O.T.C. Uned. 4515 (SC)

JurisdictionOntario
JudgeMesbur, J.
CourtSuperior Court of Justice of Ontario (Canada)
Subject MatterTORTS,CONTRACTS,BANKS AND BANKING,FRAUD AND MISREPRESENTATION
Citation[2011] O.T.C. Uned. 4515 (SC),2011 ONSC 4515,[2011] O.T.C. Uned. 4515
Date25 July 2011
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11 practice notes
  • Table of cases
    • Canada
    • Irwin Books Bank and Customer Law in Canada. Second Edition
    • June 19, 2013
    ...Re, [1941] S.C.R. 368 , [1941] 3 D.L.R. 449 ............................. 251 Manor Windsor Realty Ltd. v. Bank of Nova Scotia, 2011 ONSC 4515 ............. 321 Mantel Bldg. v. Canada, [2000] 2 S.C.R. 860 , 193 D.L.R. (4th) 1 , [2000] S.C.J. No. 60 .........................................
  • Bank Account Operation
    • Canada
    • Irwin Books Bank and Customer Law in Canada. Second Edition
    • June 19, 2013
    ...(3d) 262 (Ont. C.A.). Austral Imports Inc. v. Bank of Montreal , 2006 ABQB 428 , Manor Windsor Realty Ltd. v. Bank of Nova Scotia , 2011 ONSC 4515. Banks are expected to point out an account verification clause when updating an account contract: Armstrong, Baum Plumbing & Heating v. Toron......
  • Baan v. Scotia Capital Inc.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 12, 2023
    ...went on to consider if it was unambiguous and thus enforceable against the plaintiff. Relying on Manor Windsor v. Bank of Nova Scotia, 2011 ONSC 4515, she found that they were at para. [87]       In my view, on their face, the relevant provisions of the iTRADE ......
  • 2023 BCSC 565,
    • Canada
    • January 1, 2023
    ...went on to consider if it was unambiguous and thus enforceable against the plaintiff. Relying on Manor Windsor v. Bank of Nova Scotia, 2011 ONSC 4515, she found that they were at para. 87 In my view, on their face, the relevant provisions of the iTRADE Terms expressly and unambiguously prec......
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8 cases
  • Baan v. Scotia Capital Inc.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 12, 2023
    ...went on to consider if it was unambiguous and thus enforceable against the plaintiff. Relying on Manor Windsor v. Bank of Nova Scotia, 2011 ONSC 4515, she found that they were at para. [87]       In my view, on their face, the relevant provisions of the iTRADE ......
  • Chriss v. TD Bank Financial Group et al., [2013] O.T.C. Uned. 7508
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 5, 2013
    ...Law: 2005), at p. 190 4. L'Estrange v. Graucob , [1934] 2 K.B. 394 (C.A.) at p. 403 5. Manor Windsor Realty Ltd. v. Bank of Nova Scotia , 2011 ONSC 4515 (CanLii) at paras. 38-41 6. Chesebrough v. Willson [2002] O.J. No. 4299 (C.A.) at para. 2 7. Hunt v. TD Securities Inc. , 2003 CanLii 3649......
  • 2023 BCSC 565,
    • Canada
    • January 1, 2023
    ...went on to consider if it was unambiguous and thus enforceable against the plaintiff. Relying on Manor Windsor v. Bank of Nova Scotia, 2011 ONSC 4515, she found that they were at para. 87 In my view, on their face, the relevant provisions of the iTRADE Terms expressly and unambiguously prec......
  • Baan v Scotia Capital Inc.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 12, 2023
    ...went on to consider if it was unambiguous and thus enforceable against the plaintiff. Relying on Manor Windsor v. Bank of Nova Scotia, 2011 ONSC 4515, she found that they were at para. 87 In my view, on their face, the relevant provisions of the iTRADE Terms expressly and unambiguously prec......
  • Request a trial to view additional results
1 firm's commentaries
  • BLG Monthly Update - October 2011
    • Canada
    • Mondaq Canada
    • October 20, 2011
    ...sued its bank, alleging that it should never have negotiated the fraudulent cheques: Manor Windsor Realty Ltd v The Bank of Nova Scotia, 2011 ONSC 4515 [Link available The bank countered with the customer agreement that MWR had signed, pointing to the clauses requiring MWR to have fraud con......
2 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Bank and Customer Law in Canada. Second Edition
    • June 19, 2013
    ...Re, [1941] S.C.R. 368 , [1941] 3 D.L.R. 449 ............................. 251 Manor Windsor Realty Ltd. v. Bank of Nova Scotia, 2011 ONSC 4515 ............. 321 Mantel Bldg. v. Canada, [2000] 2 S.C.R. 860 , 193 D.L.R. (4th) 1 , [2000] S.C.J. No. 60 .........................................
  • Bank Account Operation
    • Canada
    • Irwin Books Bank and Customer Law in Canada. Second Edition
    • June 19, 2013
    ...(3d) 262 (Ont. C.A.). Austral Imports Inc. v. Bank of Montreal , 2006 ABQB 428 , Manor Windsor Realty Ltd. v. Bank of Nova Scotia , 2011 ONSC 4515. Banks are expected to point out an account verification clause when updating an account contract: Armstrong, Baum Plumbing & Heating v. Toron......

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