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ARTICLE · 15 AUGUST 2011

Records Management @ Gowlings: August 9, 2011

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In this class action the plaintiff claimed that the defendant bank had contravened s. 347 of the Criminal Code (charging or receiving interest at a criminal rate) by charging in excess of 60% interest on credit card cash advances.

CanadaMedia, Telecoms, IT, Entertainment
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Edited by Louis A. Frapporti and Christopher Purdon

Legal Technology

CASE LAW

Markson v. MBNA Canada Bank, 2011 ONSC 871 (CanLII)

In this class action the plaintiff claimed that the defendant bank had contravened s. 347 of the Criminal Code (charging or receiving interest at a criminal rate) by charging in excess of 60% interest on credit card cash advances.

The plaintiff brought a motion for an order requiring the defendant do conduct a more thorough search of their records, produce a further and better affidavit of documents, and a declarations that legal opinions obtained by the defendant regarding s. 347 were not subject to privilege.

The litigation plan stated that documents to be provided at this stage were those that were "relevant and necessary," and laid out specific categories of such documents. The plaintiff took issue with the document production by the defendant in its original affidavit of documents. Specifically, the plaintiff

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