Restitution Discussion Group Archives
| Sender: |
Jonathon Moore |
| Date: |
Tue, 22 Feb 2000 11:45:45 |
| Re: |
Tracing and Bank accounts |
Members of the
list may not be aware of a recent note by the list Chairman: Tracing in
Bank Accounts: The Lowest Intermediate Balance Rule on Trial, Lionel Smith,
(2000), 33 Canadian Business Law Journal 75
For my own part, I find the article utterly convincing
in its rejection of the reasoning and result in Law
Society of Upper Canada v. Toronto-Dominion Bank (1998) 169 D.L.R.
(4th) 353 (Ont CA) .
The note incidentally achieves two other things. First, it compendiously
summarises some of the most important points made in Lionel's book on
Tracing. It also shows the danger of judges rejecting logical principles
of law because of what they individually perceive to be a fair result.
Jonathon Moore
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