|Present||Professor, Osgoode Hall Law School of York University|
Assistant: Mary Rosati
Bank Collections and Payment Transactions: Comparative Study of Legal Aspects Books (2001)
This is a study of the law governing the bank-customer relationship pertaining to the disposition of funds by cheques and credit transfers, covering both paper-based and electronic payments. The work addresses, with various degrees of ...
Commercial and Consumer Transactions: Cases, Text and Materials Books (1981)
Commercial and Consumer Sales Transactions provides a comprehensive overview of Canadian sales law with a focus on the parties’ substantive rights and obligations and how these rights are enforced (or not enforced) in practice, particularly ...
Central Bank Digital Currencies: The New Era of Mondern-day Banking 37:3 Nat. B. L. Rev 25-27 (2018)
An internal report submitted in March to the Committee on Payments and Market Infrastructures (CPMI) of the Bank for International Settlements (BIS), presents an initial analysis of Central Bank Digital Currency (CBDC).
Best Practice for the Uniform Treatment of Wire Payments Osgoode Legal Studies Research Paper Series (2016)
Like any method of payment, the wire transfer may be either an "on-us" or interbank payment. In Canada, as long as they are between large banks, interbank wire payments are processed through the Canadian Payments ...
Disintermediating Electronic Payments: Digital Cash and Virtual Currencies 31(12) Journal of International Banking Law and Regulation 661-674 (2016)
Digital cash may be issued privately (so as to be called "virtual currency") or by a central bank. It may be a cryptocurrency, randomised or tethered. Its scheme may be centralised or decentralised and its ...
Electronic Verification of Wire Payment Orders Osgoode Legal Studies Research Paper Series (2016)
Over the years, albeit less so in connection with consumer accounts, the bank's absolute liability became subject to exceptions. Particularly, bypassing a classical text explicitly to the contrary, it had been recognized that a customer's ...
From Paper to Electronic Order: The Digitalization of the Check in the USA Osgoode Legal Studies Research Paper Series (2016)
This article explores the various stages in the check payment in which electronic transmission has replaced physical delivery. Part I discusses converting the check into an electronic entry at a point of sale of goods ...
The Fictitious Payee After Teva v. BMO: Has the Pendulum Swung Back Far Enough? 31 Banking and Finance Law Review 607 (2016)
Under Section 20(5) of the Bills of Exchange Act (‘‘BEA s. 20(5)”) where on a bill of exchange ‘‘the payee is a fictitious or non-existing person, the bill may be treated as payable to bearer.” ...
Payment Law: Legislative Competence in Canada Banking and Finance Law Review 31.1 (2015) (2015)
This article addresses the legislative competence in Canada in relation to regulatory and transactional aspects of payment of law. Setting out the parameters of "payment law", the article examines the federal legislative powers in relation ...
Payment System Modernization and Law Reform in Developing Nations: Lessons from Cambodia and Sri Lanka Banking Law Journal. Volume 126, Issue 5 (2009), p. 402-439. (2009)
This article discusses the modernization of the payment systems laws of Cambodia and Sri Lanka. The author notes that these developments are important building blocks in the establishment of a solid legal framework designed to ...
Payment Transactions Under the EU Payment Services Directive: A U.S. Comparative Perspective Penn State International Law Review. Volume 27, Numbers 3/4 (2009), p. 713-756. (2009)
This article endeavours to analyse the provisions of Title IV governing rights and obligations in relation to the provision and use of payment services. Analysis is particularly from a US comparative perspective. Attention will be ...
The Medieval Hawale: The Legal Nature of the Suftaj and Other Islamic Payment Instruments Global Hauser Program at New York University School of Law (2009)
By the middle of the eighth century CE the Arabs established their dominion from the Atlantic Ocean to west of the Persian Gulf. In the process, they spread Islam and established Islamic law as the ...
TARGET2 Transfer of Funds and Harmonization of EU Payment Law Uniform Commercial Code Law Journal. Volume 41, Number 2 (2008), p. 113-145. (2008)
Overview of the large-value transfer system in Euro of the European Central Banks System as well as of the Payment Services Directive for the harmonization of payment laws in the EU.