Is a reference in each account sufficient to make it final?
British Columbia, Canada
The following excerpt is from Tyo Law Corp. v. White, 1999 CanLII 5615 (BC SC):
Is the reference in each account in this matter sufficient to make it final? I think not. Hood J. in Morin, Grant v. Olsson (37 C.P.C. (3d) 130) found that titling each account sent as "interim account" did not necessarily define the account as interim nor did it preclude each account from being final. In coming to that conclusion he stated (para. 19): I have considered not only the contents of the accounts which on their face are conclusive for the services rendered during the stated period, but, as well, the dealings between the parties and the circumstances. I have also considered the dealings between the parties in this matter in concluding that the mutual intent was that the accounts represent payment on account of fees or disbursements in respect of an entire contract.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the fact that some funds may have been transferred to the joint account of a joint account with a different bank account make up for the failure to plead or lead evidence on false statement and inducement? (British Columbia, Canada)
Is a solicitor's unilateral intention to treat his periodic statements of account as final bills to the client valid? (British Columbia, Canada)
Is a donor’s delivery of a bank book sufficient to pass funds to the donor's account as a donatio mortis causa? (British Columbia, Canada)
In what circumstances will a final order be made where the final order is intended to achieve a specific set of objectives? (British Columbia, Canada)
What is the test for determining whether a joint account is held in trust for the estate of a deceased joint account holder? (British Columbia, Canada)
What is the test for survivorship when a joint account holder challenges a gratuitous transfer to the joint account? (British Columbia, Canada)
Can a spouse's failure to make reasonable efforts to become self-sufficient be taken into account in determining quantum and duration of spousal support? (British Columbia, Canada)
Is a jury's final instruction to the jury concerning the issues of concern sufficient to prevent a substantial wrong? (British Columbia, Canada)
What is the test for establishing that a transferor intended to transfer funds from a bank account to a personal trust account at the time of the transfer? (British Columbia, Canada)
Can a party who contributed more than his or her proportionate contribution to a joint account that was set aside for the purposes of calculating the difference between their contributions to the joint account? (British Columbia, Canada)
