Summary

35033

Amex Bank of Canada v. Sylvan Adams, et al.

(Quebec) (Civil) (By Leave)

Keywords

None.

Summary

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Constitutional Law - Interjurisdictional Immunity - Federal Paramountcy - Financial Institutions - Credit Cards - Consumer Protection - Applicability and Operability of the Consumer Protection Act, R.S.Q., c. P-40.1 (the “CPA”) in conjunction with Bank Act, S.C. 1991, c. 46, as am. and the Cost of Borrowing (Banks) Regulations, SOR/2001-101, as am. - Are ss. 12, 219, and 272 of the Consumer Protection Act, R.S.Q., c. P-40.1 constitutionally inapplicable in respect of bank-issued credit and charge cards by reason of the doctrine of interjurisdictional immunity? - Are ss. 12, 219, and 272 of the Consumer Protection Act, R.S.Q., c. P-40.1 constitutionally inoperative in respect of bank-issued credit and charge cards by reason of the doctrine of federal paramountcy? - Are the plaintiff and the class entitled to restitution under the Civil Code of Québec?

In the context of this class action, the representative plaintiff alleged that the Appellant breached the CPA by failing to disclose foreign exchange conversion charges on credit cards as a “credit charge”, in violation of the Civil Code of Québec and the CPA, thereby making the Appellant liable for restitution and punitive damages under the CPA. These allegations were denied by the Appellant, who further maintained that on the basis of existing federal legislation applicable to the banking industry, the CPA is constitutionally inapplicable under the interjurisdictional immunity doctrine, and that it is otherwise inoperative under the paramountcy doctrine.

Lower Court Rulings

June 11, 2009
Superior Court of Quebec

2009 QCCS 2695, 500-06-000262-044
Class action allowed in part, inter alia on grounds that foreign currency conversion commissions were charged to the class members in violation of the CPA, the application and operability of which were not barred by either the doctrine of interjurisdictional immunity or the doctrine of federal paramountcy.
August 2, 2012
Court of Appeal of Quebec (Montréal)

2012 QCCA 1394, 500-09-019842-095
Appeal allowed in part.
 

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