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online version of 3 volumes looseleaf supplemented book
Canada Law Book

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The Law of Banking and Payment in Canada (ProView online only)
By: Bradley Crawford, Q.C., B.Com., LL.B., LL.M
Availability: In Stock
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
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About the Author
Bradley Crawford, Q.C., B.Com., LL.B., LL.M ., is counsel to McCarthy Tétrault LLP's Financial Services Group in Toronto, having retired from the partnership at the end of 2001 after 30 years as an associate and partner. He joined the firm in 1972 after having taught at the Faculty of Law of the University of Toronto for the first 10 years following his graduate degree. During his years of practice, Mr. Crawford acted as senior outside counsel to The Canadian Bankers' Association and as advisor to a large number of individual Canadian and foreign commercial banks and central banks and payments systems on matters of banking law and financial services law and regulation in Canada. He advises the federal government and various of its agencies on numerous issues involving banking and payment system law, as well as the law and practice of various electronic clearing and settlements systems. He was the author of the reports on which the federal Depository Bills and Notes Act and the recent amendments to the Bills of Exchange Act were based to permit electronic presentment of official images of eligible cheques and other bills.

Mr. Crawford was appointed one of Her Majesty's counsel by patent of the Minister of Justice of Canada in 1990.

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