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"Check That Cheque" or be Left Holding the Bag



by Hilary E. Clarke
McMillan Binch Mendelsohn LLP - Toronto Office

Brett G. Harrison
McMillan Binch Mendelsohn LLP - Toronto Office

April 2, 2005

Previously published on March 30, 2005

A recent Ontario Court of Appeal decision has highlighted again the perils facing banks which unwittingly negotiate fraudulent cheques. In Westboro Flooring and Décor Inc. v. Bank of Nova Scotia, the Court pinned the entire loss flowing from a fraudulent cheque scheme on the fraudster's bank (the "Collecting Bank"), which had allowed the fraudster to deposit the fraudulent cheques into his account.


 

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