Montreal Trust Co. of Canada v. Royal Bank of Canada, [2013] B.C.T.C. Uned. 1715 (SC)
| Jurisdiction | British Columbia |
| Judge | Myers, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Subject Matter | CONTRACTS,COMPANY LAW,EQUITY,PERSONAL PROPERTY,BANKS AND BANKING |
| Citation | [2013] B.C.T.C. Uned. 1715 (SC),[2013] B.C.T.C. Uned. 1715,2013 BCSC 1715 |
| Date | 18 September 2013 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
9 practice notes
-
Table of cases
...Inc, 35 UCC Rep Serv 315 (D Kan 1982)............................................................ 708 CFI Trust v Royal Bank of Canada, 2013 BCSC 1715.................................................... 451, 452, 454, 455, 533, 624 Champion Feed Services Ltd v Hospers, 2014 ABQB 490 .........
-
Competitions Among Secured Parties
...to be enforced by the beneiting creditor. This decision has since been followed by the 212 See CFI Trust v Royal Bank of Canada , 2013 BCSC 1715 at paras 49−55; Re Hickman Equipment (1985) 2006 NTLD, above note 92 at para 51. In YMCF Inc v 406248 BC Ltd (1998), 52 BCLR (3d) 359 (SC) [ YMCF ......
-
Following and Tracing into New Forms of Collateral
...ABQB 55. 48 Pettyjohn , above note 21. 49 Above note 11. 50 See Smith, above note 3 at 10–14. 51 See CFI Trust v Royal Bank of Canada , 2013 BCSC 1715 at para 275. Follow ing and Tracing into New Forms of Collateral 625 in which there is so close and substantial a connection that it should ......
-
Bank of China v. Fan et al., 2015 BCSC 590
...of the trustee, the failure to make such an inquiry is not a basis for finding a defendant liable ( CFI Trust v. Royal Bank of Canada, 2013 BCSC 1715 at paras. 247-249). [136] As noted above, the Bank puts particular emphasis on the approximately $1.37 million that was transferred to Tan fr......
Request a trial to view additional results
3 cases
-
Bank of China v. Fan et al., 2015 BCSC 590
...of the trustee, the failure to make such an inquiry is not a basis for finding a defendant liable ( CFI Trust v. Royal Bank of Canada, 2013 BCSC 1715 at paras. 247-249). [136] As noted above, the Bank puts particular emphasis on the approximately $1.37 million that was transferred to Tan fr......
-
Montreal Trust Co. of Canada v. Royal Bank of Canada, 2014 BCSC 53
...This case is unedited, therefore contains no summary. Costs [1] Myers, J. : On September 18, 2013 I dismissed the plaintiffs' action: 2013 BCSC 1715. These reasons deal with costs. As in my prior reasons, I will refer to the plaintiffs collectively as CFI and the defendant as RBC. [2] RBC c......
-
Gulak et al. v. Breckenridge et al., [2015] B.C.T.C. Uned. 153
...resile from the assumption since there has been a change from the presumed position. [42] See also: CFI Trust v. Royal Bank of Canada , 2013 BCSC 1715 at para. 63; and Ontario v. Abilities Frontier Co-operative Homes Inc. (1996), 10 OTC 27 (Ont. Gen. Div.), citing Heyman v. Darwins Ltd., [1......
3 firm's commentaries
-
Court Of Appeal Rejects Use Of Equity To Override PPSA Priority Rules
...counsel. *See, for example, Pacific Shores Resort & Spa Ltd. (Re), 2013 BCSC 480 (CanLII), and CFI Trust v. Royal Bank of Canada, 2013 BCSC 1715 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specif......
-
Priority In Security Interests: Lessons For Secured Creditors
...the opening paragraph of his decision in CFI Trust v. Royal Bank of Canada 2013 BCSC 1715, Supreme Court Justice Elliot Myers drew a parallel to the dark comedy Fargo, but this case was no laughing matter to the two creditors involved, who were left fighting over the remains after the fraud......
-
Important New Decision Clarifies Claims Against Financial Institutions And Defences Under The 'Personal Property Security Act'
...opening paragraph of the Reasons for Judgment of the Honourable Mr Justice Myers in CFI Trust v. Royal Bank of Canada 2013 BCSC 1715 is one of the best in the history of Canadian To those who have seen the film Fargo, the factual underpinnings of this case might seem familiar; both involve ......
3 books & journal articles
-
Table of cases
...Inc, 35 UCC Rep Serv 315 (D Kan 1982)............................................................ 708 CFI Trust v Royal Bank of Canada, 2013 BCSC 1715.................................................... 451, 452, 454, 455, 533, 624 Champion Feed Services Ltd v Hospers, 2014 ABQB 490 .........
-
Competitions Among Secured Parties
...to be enforced by the beneiting creditor. This decision has since been followed by the 212 See CFI Trust v Royal Bank of Canada , 2013 BCSC 1715 at paras 49−55; Re Hickman Equipment (1985) 2006 NTLD, above note 92 at para 51. In YMCF Inc v 406248 BC Ltd (1998), 52 BCLR (3d) 359 (SC) [ YMCF ......
-
Following and Tracing into New Forms of Collateral
...ABQB 55. 48 Pettyjohn , above note 21. 49 Above note 11. 50 See Smith, above note 3 at 10–14. 51 See CFI Trust v Royal Bank of Canada , 2013 BCSC 1715 at para 275. Follow ing and Tracing into New Forms of Collateral 625 in which there is so close and substantial a connection that it should ......