This year, the FLA is pleased to present its 25th Annual Conference and Anniversary Celebration.  Program Chairs Michael Keeley and Matt Kalin have assembled a series of timely presentations, covering topics as diverse as liability and recovery in respect of email-based claims; disputes arising from the interplay between riders and other policy provisions; and

Blaneys partners David Wilson and Chris McKibbin will attend the joint FLA/ABA FSLC Conference in Philadelphia.  The FLA Conference on November 7 has a solid emphasis on cybercrime, while also addressing other important contemporary issues.  Program Chairs Theresa A. Gooley and Samuel J. Arena, Jr. have assembled a series of timely presentations, covering the impact

Jump To: The Facts | The Tort of Conversion and the Bills of Exchange Act | The Conclusion

On October 27, 2017 the Supreme Court of Canada released its long-awaited decision in Teva Canada Ltd. v. TD Canada Trust. In a 5:4 decision, the Supreme Court held that two banks that accepted fraudulent cheques procured by a dishonest employee were strictly liable in conversion to the employer, and could not establish the “fictitious or non-existing payee” defence afforded by subsection 20(5) of the Bills of Exchange Act.

The decision is a welcome development for Canadian fidelity insurers who seek to subrogate against banks in respect of certain types of employee cheque frauds. The Supreme Court reversed the decision of the Court of Appeal for Ontario, which had found that the payees were either fictitious or non-existing. The Supreme Court’s decision places fidelity insurers in an excellent position to look to banks as subrogation targets in appropriate circumstances.


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Blaneys Fidelity Year in Review

In 2015, American and Canadian courts released a number of decisions of interest to fidelity claims professionals.   We are pleased to present Blaneys Fidelity Year in Review, which provides summaries of the decisions that appeared on Blaneys Fidelity Blog in 2015.  Blaneys Fidelity Year in Review is available here

The recent decision of the British Columbia Supreme Court in D2 Contracting Ltd. v. Bank of Nova Scotia provides useful guidance for fidelity claims and subrogation professionals on dealing with cheque fraud losses arising from forged drawer signatures.  The Court’s decision demonstrates the necessity of ensuring that the insured’s bank has been notified of suspected