27 May 2025
27 May 2025
Concessions Caravane 1986 inc. v. Toronto Dominion Bank.
IMK’s client, Concessions Caravane, was the victim of online phishing, which led to the transfer of a large sum of money abroad through its banking portal. The Superior Court issued a landmark ruling on the liability of banks for online banking services and found TD Bank at fault, holding it liable for 50% of the amount defrauded (2020 QCCS 3426). The court also accepted IMK's argument that TD Bank's standard liability limitation clause in its standard contract was invalid because it was contrary to public order.