Joint winner of the Walter Owen Book Prize, 2009
This seminal treatise addresses the regulatory policies, key institutions, specialized and general-purpose payment systems and the relevant decisions of the courts of Canada.
It includes chapters on:
- The law of payment including the permissible forms of payment, the principles of the law of payment, currency of payment, appropriation of payments, compelling payment, cost of late payment, penalties and proof of payment
- The law of money, including consideration of the many forms of value that qualify as "money", the legal characteristics of money, fungibility and the exceptions; tracing at common law, equity and under statute; foreign exchange controls, economic sanctions, counterfeit money and money laundering
- The business of banking, constitutional law issues surrounding banking activities, provincial control of banks' activities, meaning of "bank" in various contexts; "banking" by non-banks
- The banker/customer relationship, formation and termination, terms, online banking, duties and standards of care and confidentiality, mandatory statutory disclosures, deposits, administration of accounts, special fiduciary obligations, banks' unique rights and remedies
- Payment under options and derivatives contracts, the rules and operations of Canadian Derivatives Clearing Corporation, risk assessment in derivatives markets
The looseleaf format of this treatise ensures the information remains current as banking law evolves.