GROVES-RAFFIN CONSTRUCTION LTD. AND FIDELITY INSURANCE CO. OF CANADA v. BANK OF NOVA SCOTIA AND CANADIAN IMPERIAL BANK OF COMMERCE

[1976] 1 Lloyd's Rep. 373

CANADA SUPREME COURT BRITISH COLUMBIA

Before Mr. Justice Andrews

Banking - Canada - Cheque drawn on company by company secretary and made payable to himself - Cheque subsequently paid into personal account - Whether paying and/or collecting bank liable to company - Whether paying bank in breach of mechanics' lien trust by repaying overdraft granted to company - Mechanics' Lien Act (R.S.B.C., 1960, Cap. 238), s. 3.