BANKER AND CUSTOMER REVISITED

Abstract

The purpose of this article is to re-examine recent Canadian cases on the relationship between banker and customer, and to a lesser extent between banker and third party. The paper focuses on the contractual and tortious issues which arise in the context of the operation of banking accounts; and argues that in recent years the courts have appeared to be more willing to import broader duties and standards of care into these relationships than in the past. In so doing the courts may well be compensating for the banks' use of their superior bargaining power as evidenced in their standard form contracts, and as well may also be bringing the banker and customer contract into the emerging law of obligations.