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ISBN: 9781552213131

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Bank and Customer Law in Canada, 2/e

Bank and Customer Law in Canada is a concise introduction to the laws governing banking in Canada and the relationship between banks and their customers. The book includes a detailed discussion of the corporate governance structure for banks and the types of activities in which banks are permitted to engage in Canada. Foreign banks, bank subsidiaries, and bank holding companies are also covered. On the common law side, the focus is on bank account operation, including paper and electronic payment orders. The book also provides discussion and analysis of electronic banking and the challenges posed by non-bank third party payment providers to traditional banking and banks. It also includes directions to other relevant sources, including websites, so that readers can keep up-to-date on the rapid changes in electronic banking. In addition to updating caselaw and legislative developments, the second edition includes new material dealing with freezing accounts, prefunded cards, and recurring payment systems, as well as the growth of mobile payment systems and other electronic forms of payment.

M.H. Ogilvie

M.H. Ogilvie is Professor of Law and Chancellor’s Professor at Carleton University in Ottawa, and a member of the Bars of Ontario and Nova Scotia. Dr. Ogilvie is a graduate of Trinity College, Toronto, the University of Oxford, and Dalhousie University, and has been a Visiting Scholar at the Universities of Edinburgh, Emory, Oxford, Toronto, and twice at Princeton Theological Seminary. She was elected a Fellow of the Royal Society of Canada in 1993; awarded the David W. Mundell Medal in 1996; the Law Society Medal in 2001; and an LL.D. (h.c.) by the Law Society of Upper Canada in 2008. She was the first Chancellor’s Professor appointed at Carleton University in 2002. She was invested with the Order of Ontario in 2008 and awarded the Queen Elizabeth II Diamond Jubilee Medal in 2012. Dr. Ogilvie is the author of numerous books and articles on banking law in Canadian and international law journals and is a member of the editorial boards of the Banking and Finance Law Review, Journal of Business Law, and the Banking Law Specialist Editor of the Canadian Business Law Journal. Dr. Ogilvie has been cited frequently by Canadian appellate courts as a legal authority in the field of banking law. She was a director of the Canadian Payments Association from 2002 to 2011.

Chapter Title Abstract Contributors Pages Year Price

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Introduces banking and the law, focusing on jurisdiction over banking. Many important definitions are also discussed, such as defining banking from an institutional perspective, defining banking … 23 $2.30

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Discusses the domestic and international framework of Canadian banking law, focusing on application to the "chartered" banks, the interpretation of the Bank Act, subsequent Bank Act … 14 $1.40

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Considers the regulation of banks and banking in Canada, touching upon many different agencies that deal with regulation, including the Office of the Superintendent of Financial Institutions … 49 $4.90

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Discusses banks and business corporations, focusing on many aspects including incorporation, status and powers, starting business, directors and officers, shareholders, capital structure, … 66 $6.60

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Explores banking business, touching upon permitted business, permitted investments, permitted self-dealing and prohibited business. 30 $3.00

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Focuses on bank and customer relationships, considering the contact, contract modification, proper law of the contract, termination of the contract, the fiduciary and tortious relationships, the … 55 $5.50

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Discusses bank accounts, focusing on the legal nature of a bank deposit, the role of overdrafts, limitations of actions, deposit receipts and passbooks, the concepts of joint accounts and trust … 29 $2.90

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Focuses on bank account operation, including the paying bank, the collecting bank and the rendering statements of account. The importance of maintaining confidentiality is also discussed, as is … 72 $7.20

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Discusses the electronic funds transfer systems, focusing on the regulation of payment systems, the Automated Clearing and Settlement System (ACSS), the United States Bulk Exchange System (USBES) … 32 $3.20

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Discusses electronic payments, touching upon the evolution of plastic cards, debit cards, electronic money, prefunded cards, recurring payment systems and third party payment systems (3PPS). 30 $3.00

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Discusses credit cards and other payment mechanisms, such as traveler’s cheques, money orders and banker’s drafts and letters of credit. 29 $2.90

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Explains the concept of safekeeping, broadly referring to any facility provided by a bank for the bailment of customer property. Safety deposit boxes and night safe depositories are discussed. 7 $0.70

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Discusses bank and customer dispute resolution, focusing on the evolution of ADR in the banking sector and the Ombudsman for Banking Services and Investment (OBSI). A description of how OBSI … 13 $1.30