Article
Who Bears The Loss Among Innocent Parties After Payment Fraud? Saskatchewan Court Of Appeal Provides Some Clarity
Canadian courts are increasingly asked to allocate fraud losses between innocent parties—victims and their financial institutions. The Saskatchewan Court of Appeal's decision in Honeybadger Enterprises Ltd. v. Bue provides crucial clarity on common law principles governing liability allocation, establishing that parties whose conduct involves affirmative acts facilitating fraud will bear the loss, while financial institutions owe no duty to police transactions or warn customers absent contractual obli
Borden Ladner Gervais LLP