What is the standard for reasonable care and skill of a bank?

British Columbia, Canada


The following excerpt is from Gold v. Toronto-Dominion Bank, 1998 CanLII 3924 (BC SC):

Although Bull J.A. was in the minority as to part of his reasons, Robertson J.A. who gave the reasons for the majority quoted with approval the following passage of Ungoed-Thomas J. in Selangor United Rubber v. Cradock (No 3.) (supra): . . . To my mind, in accordance with those quotations, a bank has a duty under its contract with its customer to exercise 'reasonable care and skill' in carrying out its part with regard to operations within its contract with its customer. The standard of that reasonable care and skill is an objective standard applicable to bankers. Whether or not it has been attained in any particular case has to be decided in the light of all the relevant facts, which can vary almost infinitely. . . . In Groves-Raffin (supra) there was evidence of the practice of a reasonable banker when faced with an unusual transaction.

Other Questions


What is the significance of the relative standard of living of the parties post post post-war compared to the standard living standard in their respective countries? (British Columbia, Canada)
What is the reasonableness standard in the context of a judicial review of an administrative driving prohibition? (British Columbia, Canada)
Is reasonable conduct in litigation reasonable enough to warrant a reduction in costs? (British Columbia, Canada)
How is a reasonable standard of care applied in assessing negligence? (British Columbia, Canada)
What is the test for an occupier to prove reasonable steps taken by the occupier were reasonable in all circumstances? (British Columbia, Canada)
What is the standard of reasonableness under the Superintendent's Power Grid Guidelines? (British Columbia, Canada)
What is the standard of reasonableness for a claim for special damages? (British Columbia, Canada)
What is the reasonableness standard for a Minister to make a decision in respect of Charter rights? (British Columbia, Canada)
What is the current standard for determining if a motorist has acted accordance with the requisite standard? (British Columbia, Canada)
What is reasonable standard for the use of a condominium unit? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.