What is the test for whether an initial deposit under BCSC 10 is required to be paid by a certified cheque or bank draft?

British Columbia, Canada


The following excerpt is from Hundley v. Garnier, 2011 BCSC 414 (CanLII):

The defendants rely on Germain v. Kapchinshy, 2006 BCSC 530, to support their position that the initial deposit falls within the scope of clause 10 and was required to be paid by certified cheque or bank draft. While that argument was accepted in Germain, the case is clearly distinguishable on its facts. As stated by Barrow J. at paras. 8-10 and 26-27:

Other Questions


Does a contract of purchase and sale require that a deposit be paid in a different way than the deposit is paid? (British Columbia, Canada)
Is there any difference between whether the right of way is actually required for railway purposes and whether it is determinable at the sole will of the Indian Community Fund? (British Columbia, Canada)
In what circumstances will a civil court require a higher degree of probability than it would require for a criminal court to consider whether negligence was established? (British Columbia, Canada)
What is the test for determining whether a building code requirement has not been met? (British Columbia, Canada)
What is the standard of care required for a professional to be considered in determining whether a professional met the requisite standard for care? (British Columbia, Canada)
What is the standard of review of the draft Bill for the purpose of determining whether it complies with s. 2 of the RIA? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
Does common sense apply to determine whether care is required even in the absence of medical evidence? (British Columbia, Canada)
What is the test for a jury to determine whether a medical malpractice case will require a scientific investigation? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.