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Bank Of Montreal V Marcotte
is a ruling of the Supreme Court of Canada. Together with and (collectively known as the "''Marcotte trilogy''"), it represents a further development in Canadian constitutional jurisprudence on the doctrines of interjurisdictional immunity and paramountcy, together with significant clarifications on the law concerning class actions in the Province of Quebec, which is similar to that in operation in the common law provinces. Background In Canada, holders of credit cards are allowed to use them to make purchases in foreign currency, and the conversion of the purchase price into Canadian dollars follows a similar pattern among all card issuers: #Conversion from the foreign currency through the interbank rate. #Application of a conversion charge by the issuer, which is disclosed by only some issuers to the cardholder. #Inserting the total amount of the transactions onto the cardholder's monthly statement. In April 2003, Réal Marcotte applied to the Superior Court of Quebec f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Code Of Quebec
The ''Civil Code of Quebec'' (CCQ, french: Code civil du Québec) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the ''Civil Code of Lower Canada'' (french: Code civil du Bas-Canada) enacted by the Legislative Assembly of the Province of Canada in 1865, which had been in force since August 1, 1866. Scope The Code's scope is summarized in its preliminary provision: The Civil Code is in essence a body of rules and regulations that, in all matters treated by or in the spirit or vein of its provisions, sets forth the ''jus commune'', or the law that applies to all of Quebec, either in express or implied terms. For the matters handled by the Code, it acts as the foundation of all other adjacent laws, although other laws may supplement the Code or make exceptions to it.'' As the cornerstone of Quebec's legal system, the Civil Code is frequently amended in order to keep in step with the demands of modern society. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Toronto-Dominion Bank
Toronto-Dominion Bank (french: links=no, Banque Toronto-Dominion), doing business as TD Bank Group (french: links=no, Groupe Banque TD), is a Canadian Multinational corporation, multinational banking and financial services corporation headquartered in Toronto, Ontario. The bank and its subsidiaries are commonly known as simply TD and trading under the name ''Toronto-Dominion Bank.'' The bank was created on February 1, 1955, through the merger of the Bank of Toronto and The Dominion Bank, which were founded in 1855 and 1869; respectively. It is one of two Big Five (banks), Big Five banks of Canada founded in Toronto, the other being the Canadian Imperial Bank of Commerce. The TD Bank Society for Worldwide Interbank Financial Telecommunication, SWIFT code is TDOMCATTTOR and the TD institution number is 004. In 2021, according to Standard & Poor's, TD Bank Group was the largest bank in Canada by total assets and also by market capitalization, a top-10 bank in North America, and the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Financial Consumer Agency Of Canada
The Financial Consumer Agency of Canada (FCAC) is an agency of the Government of Canada that enforces consumer protection legislation, regulations and industry commitments by federally regulated financial entities. It also provides programs and information to help consumers understand their rights and responsibilities when dealing with financial institutions and promotes financial literacy. Mandate FCAC has a dual mandate, set out in the ''Financial Consumer Agency of Canada Act''. Broadly, these two main elements are: * ensuring and enforcing compliance by the financial sector with federal legislation and regulations, as well as voluntary codes of conduct and public commitments * promoting greater financial literacy by informing consumers about their rights and responsibilities when dealing with financial entities and payment card network operators. Under its compliance mandate, FCAC is responsible for: * ensuring that the market conduct of federally regulated financial entities ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clément Gascon
Clément Gascon (born September 5, 1960) is a Canadian jurist, who was nominated to the Supreme Court of Canada by Prime Minister Stephen Harper on June 3, 2014, and officially appointed the Court on June 9, 2014. He officially retired from the court on September 15, 2019. Born in 1960 to Dr. Bernard Gascon and Denyse Clément, Gascon graduated from Collège Jean-de-Brébeuf and McGill University. Gascon was admitted to the Quebec Bar in 1982 and in addition to his legal practice (in business, labour and construction law) was also a lecturer at Cégep de Saint-Jean-sur-Richelieu, Université du Québec à Montreal, McGill University and Bar of Quebec. Prior to his Supreme Court appointment, Gascon served on the Quebec Superior Court from 2002 to 2012, and the Quebec Court of Appeal from 2012 to 2014. He was previously a lawyer for the Montreal law firm Heenan Blaikie for 21 years. In June 2018, Gascon wrote for the majority of the court when it found that the Canadian Hum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bills Of Exchange
A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, whose payer is usually named on the document. More specifically, it is a document contemplated by or consisting of a contract, which promises the payment of money without condition, which may be paid either on demand or at a future date. The term has different meanings depending on the use of the term as it is used in the application of different laws, and depending in which country and context it is used. Concept of negotiability William Searle Holdsworth defines the concept of negotiability as follows: #Negotiable instruments are transferable under the following circumstances: they are transferable by delivery where they are made payable to the bearer, they are transferable by delivery and endorsement where they are made payable to order. #Consideration is presumed. #The transferee acquires a good title, even though the transferor had a defective or n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Punitive Damages
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award. Punitive damages are often awarded if compensatory damages are deemed an inadequate remedy. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable torts and taking some strain away from the criminal justice system. Punitive damages are most important for violations of the law that are hard to detect. However, punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. For example, punitive damages awarded to one party in a US case would be difficult to get recogn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most common crimes that have statutes of limitations are distinguished from particularly serious crimes because the latter claims may be brought at any time. In civil law systems, such ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bank Act (Canada)
The ''Bank Act'' (1991, c. 46) (the ''Act'') is an Act of Parliament, act of the Parliament of Canada respecting banks and banking. History The ''Bank Act'' was originally passed in 1871. The terms of the ''Act'' provide for a statutory review of the ''Act'' on a regular basis to ensure that legislators update the ''Act'' in order that it keep pace with developments in the financial system. Historically, this was done on a decennial basis. In 1992, this requirement was changed to every five years. The ''Act'' contains a "sunset" clause providing that it and the bank charters provided by it will expire unless the statutory review is conducted every five years. In 2016 the Federal Government proposed a 2 year extension to the review deadline. The most recent statutory review of the ''Act'' took place in 2019 with the next review scheduled for 2023. Credit unions In 2010, the Parliament of Canada passed amendments to the ''Act'' to allow Government of Canada, federal credit uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the am ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Desjardins Group
The Desjardins Group (french: Mouvement Desjardins) is a Canadian financial service cooperative and the largest federation of credit unions (french: caisses populaires) in North America. It was founded in 1900 in Lévis, Quebec by Alphonse Desjardins. While its legal headquarters remains in Lévis, most of the executive management, including the CEO, is based in Montreal. As of 2017, Desjardins Group consists of 293 local credit unions operating 1,032 points of service and serving more than seven million members and clients, mostly in the provinces of Quebec and Ontario. In addition to retail banking, the Group has over twenty subsidiaries offering products and services related to insurance (Desjardins Financial Security, Desjardins General Insurance), real estate (Complexe Desjardins), venture capital funds (Desjardins Venture Capital), and brokerage (Desjardins Securities). The Desjardins Group, through subsidiary Développement international Desjardins, is also active in ov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Citibank Canada
Citibank Canada, operating as Citi Canada, is the Canadian subsidiary of the American Multinational corporation, multinational financial services corporation Citigroup. Citi Canada is headquartered in Toronto, Ontario, with offices in Calgary, London, Ontario, Montreal, Mississauga, and Vancouver. History Citi Canada's Schedule 2 (foreign-owned, deposit-taking), under the ''Bank Act (Canada), Bank Act'' of Canada, subsidiary Citibank Canada is a member of the Canadian Bankers Association (CBA) and a member of the Canada Deposit Insurance Corporation, CDIC, a federal Crown corporation that insures deposits to applicable limits and across deposit categories. Up until the finalization of the sale of its consumer finance subsidiary, Fairstone, CitiFinancial Canada, to affiliates of private equity firms J.C. Flowers & Co. and :es:Värde Partners, Värde Partners on April 3, 2017, the company engaged in consumer retail loans principally to sub-prime and near-prime borrowers. Both in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Laurentian Bank Of Canada
The Laurentian Bank of Canada (LBC; french: Banque Laurentienne du Canada, link=no) is a Schedule 1 bank that operates primarily in the province of Quebec, with commercial and business banking offices located in Ontario, Alberta, British Columbia, and Nova Scotia. LBC's Institution Number (or routing number) is 039. The institution was established as the Montreal City and District Savings Bank in 1846. Shares for the bank were publicly listed on the Montreal Stock Exchange in 1965 and the Toronto Stock Exchange in 1983. In 1987, the institution was renamed the ''Laurentian Bank of Canada''. It is the only bank in North America to have had a labour union, some positions becoming unionized in 1967, with the rest of non-managerial positions joining decades later. In 2017, there was a failed attempt by the bank to decertify the Canadian Office and Professional Employees Union, but a majority of workers voted for union de-certification in March 2021, leading the Canada Industrial R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
