What is the test for making a demand in a claim against a bank?
Alberta, Canada
The following excerpt is from J.C. Construction (Edmonton) Ltd. v. Canadian Imperial Bank of Commerce, 1985 CanLII 1355 (AB QB):
For the purpose of this application I assume that there were debts owing by the company to the bank and that the debts were payable on demand. In such a case demand is not a condition precedent to the institution of legal proceedings and is not a constitutive element of a cause of action: Canada Trustco Mortgage Company v. 112293 Holdings Ltd., (Calgary C.A. 16313, April 26, 1984).
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