OUR CASE SUMMARIES

FILEFinancial InstitutionNature of ComplaintCompensation/Other RecommendationsReasons
OMB-16603-0222TD Bank GroupComplainant complained of transfers being made by Interac transfers that they alleged they had not authorized.NoneComplainant alleged that he could not have made the transfers in question because he always used biometrics to access his iPhone and he never used auto-deposit. It was noted that even with biometrics enabled on an iPhone, anyone with the PIN could still access the device. In addition, auto-deposit was a feature activated by the recipient of an Interac transfer, not the sender. All other internet addresses and device codes were consistent with the Complainant’s own use.
OMB-17461-0422Royal Bank of CanadaBank cancelled life insurance on loan to Complainant and another person.NoneLife insurance was cancelled by bank because loan payments were in arrears and bank was not provided current contact information for Complainant. The bank was not obligated to continue to try pre-authorized debits to collect arrears.
OMB-16865-0322Royal Bank of CanadaComplainant sought reimbursement for funds paid out in a job scam.NoneThe transactions did not follow a common fraud pattern. The bank asked questions about the payouts due to their unusual size, but incorrect information from the Complainant limited its ability to detect possible fraud. The Complainant continued with the transactions after becoming suspicious himself.
OMB-15899-1221TD Bank GroupWire transfer disputeNoneThe Complainant’s allegation that the Bank sent the wrong amount of money and was “careless” in processing the transfer, was found not credible. After considering all of the evidence ADRBO concluded the Complainant instructed the wire payment as carried out by the Bank. If the Complainant failed to receive the goods he ordered his compaint is with the vendor not the Bank. The Bank is not liable to him in any way for his alleged loss of $39,245.00 CAD.
OMB-16175-0122TD Bank GroupCustomer defrauded by scam; alleged bank negligent in failing to help prevent transaction.NoneCustomer signed wire agreement to send money. Differing recollections of conversations at branch. Representative adamant customer didn’t mention what he said he did. Information provided by customer didn’t seem clearly actionable; difficult to interpret his responses as basis to intervene. Evidence fell short of establishing bank did anything wrong.
OMB-16414-0122Royal Bank of CanadaCustomers want a partial reimbursement of the prepayment penaltyNoneThere was no evidence that the bank led the complainants to believe that a prepayment privilege would be applied to their mortgage. This action was the responsibility of the customers.
OMB-17649-0422Bank of Nova ScotiaBank, not Complainant, should pay for home rebuild appraisal.Bank, not Complainant, should pay for home rebuild appraisal.Complainant claimed agreements relied on by bank did not require customer to pay
for an appraisal for a home rebuild following a fire. ADRBO agreed those agreements
did not apply but other agreements did apply. Bank delayed rebuild so should pay for
the appraisal.

FILEFinancial InstitutionNature of ComplaintCompensation/Other RecommendationsReasons
OMB-15886-1221TD Bank GroupCustomer is being held liable for a $20,000 HELOC he says he never received.NoneThe evidence that was reviewed shows that the complainant both signed for and made use of the $20,000 HELOC in question. As a result, the bank was justified in holding the complainant responsible for the repayment of the loan.
OMB-16188-0122Bank of Nova ScotiaThe bank allegedly promised there would be no prepayment fee$3,000.00The information available indicates that the bank did promise to deduct $3000 from the prepayment fee but likely did not promise to remove the entire prepayment fee.
OMB-16252-0122Royal Bank of CanadaCustomers transported a mortgage from one property to another. In performing the transport, they complain they lost a line of credit and had to pay repayment indemnities.NoneOn a complete analysis of the financial transactions, no repayment indemnities were paid by the customers. Because of a reduction of the value of the new property, it was reasonable for the Bank to reduce the size of the line of credit. There was a minor discrepancy relating to information contained in a Notary’s report that the clients should follow up with the Notary about.
OMB-16446-0222TD Bank GroupComplainant claimed bank was negligent when it processed a wire transfer.NoneComplainant acknowledged that the bank would not be responsible for any loss that resulted from inaccurate or insufficient information provided by the customer to the bank and accepted this risk of loss. The bank’s relationship with the Complainant was contractual and a duty of care did not exist to give rise to a negligence claim when the bank processed the wire transfer. The bank made reasonable efforts to recall and return the wire transferred funds from the recipient bank.
OMB-16778-0222Bank of Nova ScotiaCustomer asked bank to allow proceeds of fire insurance to be paid to customer without paying down bank’s mortgage.NoneThe customer is engaged in litigation relating to a construction privilege that the contractor who did the fire remediation work placed on their property. Until the litigation is resolved, the bank’s legal position on its mortgage could be imperilled if it allowed payments only to the customer.
OMB-16948-0322TD Bank GroupComplainant claimed bank allowed unauthorized person to take actions on its accounts.NoneComplainant did not suffer a financial loss as result of (i) the supposed unauthorized application and withdrawal of the CEBA loan proceeds that were provided to the corporation as the funds were returned to the corporation six months after the withdrawal by the alleged unauthorized person; and (ii) the supposed unauthorized submission of credit applications by the unauthorized person that increased the corporation’s bank account overdraft limit as the increased amount of the overdraft funds was never accessed.
OMB-17204-0422TD Bank GroupComplainant says mother’s estate was mishandled by the Bank.$4300 – $1300 for conversion fees and $3000 for non-finanical lossComplainant’s mother died before assets could be transferred. Client wanted probate fees refunded – denied. Refund of $1300 for funds erroneously converted from U.S. Client also wanted $6000 in compensation for stress. Awarded $3000 as estates employee did not have access to bank systems and failed to return calls.
OMB-17298-0422TD Bank GroupMortgage prepayment penalty complaintNoneComplainant had already had a ported mortgage and then had to break mortgage again. Was aware of contract terms when mortgage was signed.
OMB-17404-0422Royal Bank of CanadaThe Complainant felt that two GIC’s had gone missing from her portfolioNoneAfter conducting interviews with all parties, ADRBO is of the opinion that the bank correctly accounted for the two GIC’s in question and that these funds were deposited into the Complainant’s personal account in accordance with the maturity instructions.
OMB-17452-0422Royal Bank of CanadaCustomers were misinformed when renewing into a fixed mortgage.NoneWas unable to evidence that the complainants were provided with inaccurate or misleading information.
OMB-17572-0422Bank of Nova ScotiaClaim for reimbursement of unauthorized payments from BNS accountNoneComplainant did not safeguard debit card information as required by the cardholder agreement and did not report the issue within 60 days as required by the cardholder agreement.
OMB-17688-0522TD Bank GroupCustomer is seeking compensation after his credit card was closed in error.$2,000.00Although I found that the customer’s credit card was cancelled in error, and that this error clearly had negative repercussions for the customer, I was unable to evidence that the bank should be held liable for all of the costs presented by the customer.
OMB-17778-0522Royal Bank of CanadaReimbursement for wire transfers in a car purchase scamNoneRBC had no reason to flag the wire transfers as raising a suspicion of fraud.
OMB-17896-0522Bank of Nova ScotiaComplainant was charged a higher interest rate than offered.$500 plus differential in Interest rateComplainant was offered an interest rate of 1.95% for the transfer of credit card balances from another bank. Complainant transferred money out of the bank but was still approved for the lower interest rate. The Complainant was then incorrectly charged the higher interest rate for a period of two months. The bank rectified and paid the interest rate differential and offered the Complainant $500 to resolve the case.
OMB-17904-0522Royal Bank of CanadaClaim for reimbursement of etransfers to a fraudsterNoneThe Complainant sent a series of etransfers to a fraudster. The Complainant did not consult the bank before sending the etransfers and the bank’s system did not generate any alerts.
OMB-18465-0622TD Bank GroupReimbursement for an etransfer that did not reach the intended recipientNone. TD offered a $500 goodwill gestureBoth the Complainant and TD sent the etransfer to the correct email address. The etransfer did not reach the intended recipient because someone changed the account information of the intended recipient.

FILEFinancial InstitutionNature of ComplaintCompensation/Other RecommendationsReasons
OMB-15178-1021TD Bank GroupTransaction authorization disputeNoneComplainant sought reimbursement for transfers he alleged were unauthorized, including transfers he conducted in person at the branch. For every transaction charged to the Complainant’s account the Bank provided reliable evidence the Complainant either conducted the transactions personally or otherwise authorized the transactions. The ATM transactions were conducted using card and PIN and internet addresses and device codes for online transactions were consistent with the Complainant’s own use.
OMB-16122-1221TD Bank GroupThe Bank did not exercise the required duty of care in processing numerous commercial wire transfers from the Complainant’s account to a fraudulent recipient in 2017. The bank caused the Complainants’ 4-year delay in filing and escalating their complaint, which the bank claimed had hampered its ability to fully investigate the case, by failing to provide adequate information on the complaint process at the time they brought the matter to the bank’s attention.NoneThe bank exercised the required duty of care for wire transfers of a commercial nature in 2017, in accordance with the acknowledged terms and conditions for the transfers, and within the scope of the bank’s undertaking for effecting these transactions. The bank is not responsible for the complainants’ 4-year delay in launching the complaint, as the Complainants had means available to them to determine the complaint process at an early time. 
OMB-16334-0122TD Bank GroupTD improperly transferred money to another TD account.TD should pay Complainant’s legal fees to obtain repayment of the money transferred.Complainant as part of a property purchase transferred money to another account at TD he thought belonged to a lawyer. He asked the bank to check to make sure. The money did not go to a lawyer and the transfer was based on fraudulent instructions. The Crown obtained a court order to freeze the balance in the account as part of criminal charges against the impersonator. If Complainant needs to obtain a court order to repay the money to him, the bank should pay his reasonable legal fees to obtain a court order.
OMB-16878-0322Bank of Nova ScotiaComplainant unable to access instalment payments feature for credit card.$14.27Sequence of events developed from clear error by BNS telephone staff. Complainant was advised BNS would work to make feature available for him, when this could not have been done. Compensation awarded as difference between line of credit customer obtained versus what instalment interest would have been.
OMB-17094-0322Bank of Nova ScotiaComplainant believes her CEBA application was denied due to a bank error.NoneADRBO found that there was unnecessary confusion caused in this matter by the conflicting information being provided to the Complainant. However, ADRBO also confirmed that the bank did not fail to submit the Complainant’s application, nor did the bank’s involvement negatively affect the outcome of the application.
OMB-17131-0322TD Bank GroupComplainant asked bank to stop a wire transfer to a Middle Eastern country.NoneThe Bank makes it clear that a wire transfer cannot be cancelled or reversed after it is made. Even though the Complainant asked the Bank to cancel the wire transfer on the same day that it was made, the transfer had already been completed. 
OMB-17163-0322TD Bank GroupComplainant disputed two ATM transactions, alleged he had never used an ATM.NonePhoto evidence showed the Complainant on the dates in question, and Complainant acknowledged photos were of him. Diverse photo evidence established that Complainant’s location was indeed directly in front of ATMs. Other material aspects of Complainant’s arguments disproven by bank.
OMB-17860-0522The Royal Bank of CanadaApproved credit card never received$750.00Complainant applied and was approved for a credit card. Complainant was required to post a GIC as security. Branch error caused the Bank to fail to issue the card. Despite its error, the Bank insisted on conducting a new credit bureau inquiry before issuing the card. Complainant would not consent to another credit bureau inquiry and asked for all accounts to be closed. Bank held the Complainant’s security for a full year without issuing the credit card or closing the accounts as requested.
OMB-17879-0522Royal Bank of CanadaComplainant was defrauded. Bank not liable for wire transfers she authorized.NoneThe Complainant fell victim to a romance / investment scam in which she was led to believe she was making legitimate investments, when in fact a cunning con-artist was stealing her money. The Bank had no reason to suspect fraud with respect to any of the Complainant’s transactions. The Bank’s duty did not extend to investigating the specifics or bona fides of the underlying transactions giving rise to any of the transfers the Complainant instructed the Bank to process.
OMB-17916-0522TD Bank GroupThe Complainant argues that he was the victim of a crypto currency scam and believes that the bank should have known the transactions were related to a scam and that he should be reimbursed for the loss.NoneBank procedures were followed, all transactions were completed by Complainant and all wire transfer agreements were signed by Complainant. There is no evidence that the bank made any errors or that the bank should have done more to protect the Complainant.
OMB-17968-0522TD Bank GroupA fraudulent cheque was drawn on the complainant’s business accountNoneThe fraudulent cheque was negotiated on June 1, 2021. Contrary to the Business Banking and Services Agreement , the complainant failed to carefully review the transactions on his account statement, failed to have a system to detect losses due to fraud or forgery and failed to notify the Bank within 30 days.
OMB-18222-0622TD Bank GroupComplainant wanted written confirmation regarding the terms of her GIC and RIFBank agreed to allow the customer to amend the automatic renewal of her GICIn ADRBO’s discussions with the bank, the bank both confirmed the terms of the Complainant’s current GIC and RIF payments, in addition, the bank agreed to arrange an appointment for the Complainant, should she want to amend the terms.
OMB-18310-0622Bank of Nova ScotiaUse of Complainant’s email address for etransfers by a third partyNoneThe Complainant did not suffer financial loss, but sought information on how this situation arose and could be prevented in future. The bank provided all available information, which was included in the ADRBO investigation report.
OMB-18365-0622TD Bank GroupMisrepresentationNoneComplainant looked to renew home equity line of credit, had multiple discussions with phone representatives regarding options and rates. Complainant believed she had agreement with TD, which ultimately was not effected. Bank acknowledged that Complainant had been misinformed, and offered same discount rate for a variable renewal, open for five days. Complainant declined. Investigation established that phone representatives made several material errors, but the bank’s suggested remedy was appropriate.
OMB-18395-0622TD Bank GroupClaim is for amounts owing after a mortgage refinancing.$738.90Complainant in 2018 applied for a new mortgage loan at TD to pay out an existing mortgage loan at another bank which was due for renewal. Complainant raised questions from time to time about the accounting entries, received incorrect or incomplete responses, and continued to allege there were amounts owing to him. The accounting entries were clarified with the recommendation the bank pay Complainant $738.90 representing the prepayment penalty amount to discharge the existing mortgage.
OMB-18484-0622Bank of Nova ScotiaComplainant requested the refund of fraudulent cheque deposits.NoneComplainant provided her banking information to somebody else, contrary to banking terms and conditions. Evidence discredited Complainant’s assertions that she had no knowledge of what was happening.

FILEFinancial InstitutionNature of ComplaintCompensation/Other RecommendationsReasons
OMB-15157-0921Bank of Nova ScotiaComplainant alleges being a scam victim and seeks compensationNoneThe Bank followed its policies and procedures with respect to the wire transfer, The totality of the evidence did not indicate that any error was made by the Bank in relation to the wire transfer or the matter in general.
OMB-16268-0122TD Bank GroupOnline dating scam and Complainant seeking reimbursement of transactions.None except TD to cooperate with any ongoing police investigation.Complainant entangled in a cryptocurrency/romance scam and the evidence does not point to a financial loss being incurred on the Complainant’s behalf as a result of any Bank error.
OMB-16866-0322Royal Bank of CanadaComplainant alleges being an online fraud victim.NoneThe Complainant thought that she had accepted a job from a legitimate company. There was an unauthorized transaction and her account was overdrawn. The evidence did not point to a financial loss being incurred on the Complainant’s behalf as a result of the Bank’s actions or inaction.
OMB-17062-0322TD Bank GroupReimbursement for unauthorized transactionsNoneThe Complainant did not report the issue within the required 30 day timeframe.
OMB-17110-0322TD Bank GroupReimbursement of an early Mortgage discharge penaltyNoneThe Investigation did not support the Complainant’s position. She was advised there would be no penalty if she renewed the mortgage early. She did not. She moved the mortgage to a competitor bank.
OMB-17411-0422Bank of Nova ScotiaTrace and recover a wire that apparently did not arrive in Turkey.NoneFollowing international banking practice, Scotiabank contacted the intermediary bank through which the funds were sent to the Turkish bank. The intermediary advised that the wire was deposited into the correct account and the account owner did not agree to return the funds. Scotiabank was required to rely on this information.
OMB-17850-0522Royal Bank of CanadaBank did not properly inform of mortgage prepayment penalty amount.NoneNo written communications from bank indicating Complainants advised of amount of prepayment penalty prior to payout statement. Complainants could have asked for specific calculation. In absence of written evidence to support promise of lower amount, mortgage documents govern and clearly indicate how prepayment penalty is calculated.
OMB-18052-0522TD Bank GroupCustomer states that items in her safety deposit box were lost by the bank.$5,000.00Although the Complainant was unable to provide any proof of the jewellery items she alledged were held in her safety deposit box, ADRBO was unable to review any information from the bank that might evidence what happened to the Complainant’s box or it’s contents. ADRBO found that the bank’s duty to maintain the security of the box outweighed the Complainant’s responsibly to evidence the contents. As a result, financial compensation was recommended.
OMB-18076-0522TD Bank GroupReimbursement for TD deposits in a debit relief scamNoneThe timing of deposits and withdrawals would not reasonably raise a red flag to cause TD employees to ask probing questions. Although the Complainant’s funds were deposited into TD accounts, the deposits did not meet TD’s criteria for returning the funds to the Complainant.
OMB-18100-0522Royal Bank of CanadaCustomer believes that the bank obtained loans against her property.NoneADRBO found no evidence of any mortgages or secured charges held by the bank against the customer’s home. ADRBO also reviewed and confirmed the validity of the investigation carried out by the bank’s Corporate Security Department, which found no evidence of wrongdoing.
OMB-18487-0622Royal Bank of CanadaBank employee disclosed details of Complainants’ mortgage with bank.NoneNo financial loss was proven. Suggested to Complainants they pursue legal advice or refer their complaint to Privacy Commissioner of Canada.
OMB-18533-0722TD Bank GroupReimbursement for unauthorized credit card charges in an investment scamNoneThe Complainant was required to report account statement issues within 60 days, but did not report the issue until several months after this deadline.
OMB-18534-0722Bank of Nova ScotiaCustomers incurred fees on their renewal, as a result of being misinformed.Maintain goodwill gesture of $555ADRBO could not find any specific instances of the bank providing inaccurate information. Furthermore, it was clear that the Complainants agreed to conditions that they could not satisfy by their desired closing date, as a result of restrictions in place with a third party that the bank would have not have been aware of. Therefore, it was the Complainants’ responsibility to be aware of the fact they were entering an agreement they could not fulfil.
OMB-18560-0722TD Bank GroupCustomer obtained a higher interest rate due to misinformation and delays.Re-extended goodwill gesture of $1000ADRBO confirmed that the Complainant had been initially provided with inaccurate information regarding his term eligibility. However, this information did not result in a loss, given that the Complainant did not act on this information. ADRBO noted that although there were possible delays in responding to the Complainant in a timely manner, the bank remedied this by presenting the Complainant with the interest rate available on the date he was looking to renew. However, the Complainant declined this offer.
OMB-18700-0722TD Bank GroupReimbursement of funds paid out in a “security” scamNoneComplainant did not give TD correct information that would have enabled TD to alert about the possibility of a scam, correctly entered a one-time password from TD to confirm legitimacy of transactions from the fraudster’s device, and likely shared their card number and online password with the fraudster.
OMB-18823-0722Bank of Nova ScotiaReimbursement for fraudster cheques that were not goodNoneComplainant chose to spend the funds allegedly covered by the cheques within a few days, even though the Complainant had significant reason to be suspicious that the cheques would not be good.

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