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HTMLUpdate on the Retail Banking Investigation
Rebecca Owen-Howes, Sam Szlezinger; Dentons Canada LLP;
Legal Alert/Article
April 23, 2015, previously published on January 26, 2015
The Competition & Markets Authority (CMA) issued a short update on its retail banking investigation which includes services to SMEs at the end of last year. Since publishing its Issues Statement in November 2014, it has received standard off-the-shelf information from relevant parties in...

 

HTMLFederal Court Holds That Bank’s Deed of Trust Primes IRS Tax Lien Despite Its Subsequent Recordation
Matthew G. DiMeglio; Lerch Early Brewer Chartered;
Legal Alert/Article
April 23, 2015, previously published on April 6, 2015
A federal court of appeals held that a bank’s deed of trust had priority over an IRS tax lien, even though, the IRS filed notice of the tax lien more than a month before the bank recorded the deed of trust. On January 4, 2005, Restivo Auto Body, Inc. borrowed $1 million from Susquehanna Bank....

 

Adobe PDFEven Under a Contractual Right to Indemnification, Fees Must be Reasonable
Brett Kenworthy, Daanish Samadmoten; Aird & Berlis LLP;
Legal Alert/Article
April 22, 2015, previously published on March 26, 2015
On June 6, 2014, Justice Brown of the Ontario Superior Court of Justice (Commercial List) released additional reasons1 to his decision in Romspen Investment Corp. v. 6711162 Canada Inc., 2014 ONSC 2781, centred on the cost submissions made by counsel to Romspen Investment Corp....

 

HTMLThemes for the New Year - the FCA's December 2014 Enforcement Conference
Alexandra Doucas, Felicity Ewing, Katharine Harle; Dentons Canada LLP;
Legal Alert/Article
April 22, 2015, previously published on February 2, 2015
The coming year sees a number of regulatory changes on the horizon, from the implementation of the new Senior Managers Regime to the FCA's review of its policy on penalties. In order to understand what will change from a regulatory perspective, it is perhaps necessary to understand why. One of the...

 

HTMLUpdated Code of Conduct for the Credit and Debit Card Industry in Canada
James H. Archer, Ana Badour; McCarthy Tétrault LLP;
Legal Alert/Article
April 22, 2015, previously published on April 20, 2015
On April 13, 2015, the Department of Finance announced changes to the Code of Conduct for the Credit and Debit Card Industry in Canada (the “Code”). The Code has been in existence since 2010 and consisted previously of 10 Elements applicable to participants in the debit and credit card...

 

HTMLSupreme Court Provides TILA Home Loan Rescission Guidance
R. Scott Adams; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
April 21, 2015, previously published on March 13, 2015
In a recent unanimous decision, the United States Supreme Court held that a borrower exercising her right to rescind a mortgage loan under the Truth in Lending Act (“TILA”) merely had to provide written notice of rescission within three years after the loan was originated. The Supreme...

 

HTMLFacing Merger Challenges. In 5, 4, 3, 2, 1......
Hugh B. Wellons; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
April 21, 2015, previously published on April 8, 2015
A few weeks ago, a writer for a banking magazine asked my top five challenges to a successful bank merger. That is a loaded question! The challenges to complete a merger agreement, the challenges to close the merger, and the challenges to make the merger a long-term success are all different. What...

 

HTMLBetter late than never: late service of notice of amount payable under section 6(d) of the ISDA Master Agreement
Richard Caird, Sam Coulthard, Alexandra Doucas; Dentons Canada LLP;
Legal Alert/Article
April 21, 2015, previously published on January 6, 2015
Goldman Sachs International (GSI) has recently succeeded on an application for summary judgment against Videocon Global Ltd (Videocon) on somewhat unusual facts. The short judgment of Mr Justice Teare (the Judge) reflects the continuing ability of the 1992 ISDA Master Agreement to generate...

 

HTMLDefeating Another Challenge to the Mortgage Electronic Registration System
Angela L. Beblo; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
April 21, 2015, previously published on March 13, 2015
Since the mortgage crisis began several years ago, the Mortgage Electronic Registration System (“MERS”) has faced numerous legal attacks relating to foreclosures, assignments and what interest MERS holds in a deed of trust or mortgage. Among these cases are claims brought by government...

 

HTMLIndiana Repossession Triggers Acceleration Clause, Statute of Limitations
Nicholas Rohner; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
April 17, 2015, previously published on April 3, 2015
In 2004, Robert Imbody (“Imbody”) financed the purchase of a truck through Fifth Third Bank (“Bank”). Imbody made all scheduled payments until March of 2006. On May 31, 2006, the Bank repossessed the truck. The Bank sold the truck at auction and a deficiency balance of more...

 


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