OUR CASE SUMMARIES
| FILE | Financial Institution | Nature of Complaint | Compensation/Other Recommendations | Reasons |
|---|---|---|---|---|
| OMB-16603-0222 | TD Bank Group | Complainant alleged Interac transfers were made that they did not authorize. | None | Complainant 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-17461-0422 | Royal Bank of Canada | Complainant alleged that bank improperly cancelled life insurance on loan to Complainant and another person. | None | Life 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-16865-0322 | Royal Bank of Canada | Complainant sought reimbursement for funds paid out in a job scam. | None | The 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-15899-1221 | TD Bank Group | Wire transfer dispute | None | The Complainants’ 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 complaint is with the vendor not the Bank. The Bank is not liable to him in any way for his alleged loss. |
| OMB-16175-0122 | TD Bank Group | Customer defrauded by scam; alleged bank negligent in failing to help prevent transaction. | None | Customer 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-16414-0122 | Royal Bank of Canada | Customers want a partial reimbursement of the prepayment penalty for their mortgage. | None | There 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-17649-0422 | Bank of Nova Scotia | Complainant feels that Bank, 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. |
| FILE | Financial Institution | Nature of Complaint | Compensation/Other Recommendations | Reasons |
|---|---|---|---|---|
| OMB-15886-1221 | TD Bank Group | Customer is being held liable for a $20,000 HELOC he says he never received. | None | The 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-16188-0122 | Bank of Nova Scotia | Complainant alleges that the bank promised there would be no prepayment fee on their mortgage. | $3,000.00 | The 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-16252-0122 | Royal Bank of Canada | Customers 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. | None | On 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-16446-0222 | TD Bank Group | Complainant claimed bank was negligent when it processed a wire transfer. | None | Complainant 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-16778-0222 | Bank of Nova Scotia | Customer asked bank to allow proceeds of fire insurance to be paid to customer without paying down bank’s mortgage. | None | The 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-16948-0322 | TD Bank Group | Complainant claimed bank allowed unauthorized person to take actions on its accounts. | None | Complainant 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-17204-0422 | TD Bank Group | Complainant says mother’s estate was mishandled by the Bank. | $4300 in total – $1300 for conversion fees and $3000 for non-financial loss | Complainant’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-17298-0422 | TD Bank Group | Mortgage prepayment penalty complaint | None | Complainant had already had a ported mortgage and then had to break mortgage again. Was aware of contract terms when mortgage was signed. |
| OMB-17404-0422 | Royal Bank of Canada | The Complainant felt that two GIC’s had gone missing from her portfolio | None | After 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-17452-0422 | Royal Bank of Canada | Complainants alleged they were misinformed when renewing into a fixed mortgage. | None | Was unable to evidence that the complainants were provided with inaccurate or misleading information. |
| OMB-17572-0422 | Bank of Nova Scotia | Claim for reimbursement of unauthorized payments from BNS account | None | Complainant 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-17688-0522 | TD Bank Group | Customer is seeking compensation after his credit card was closed in error. | $2,000.00 | Although 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-17778-0522 | Royal Bank of Canada | Reimbursement for wire transfers in a car purchase scam | None | RBC had no reason to flag the wire transfers as raising a suspicion of fraud. |
| OMB-17896-0522 | Bank of Nova Scotia | Complainant was charged a higher interest rate than offered. | $500 plus differential in Interest rate | Complainant 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-17904-0522 | Royal Bank of Canada | Claim for reimbursement of etransfers to a fraudster | None | The 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-18465-0622 | TD Bank Group | Reimbursement for an etransfer that did not reach the intended recipient | None. TD offered a $500 goodwill gesture | Both 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. |
| FILE | Financial Institution | Nature of Complaint | Compensation/Other Recommendations | Reasons |
|---|---|---|---|---|
| OMB-15178-1021 | TD Bank Group | Transaction authorization dispute | None | Complainant 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-16122-1221 | TD Bank Group | Complainant alleged that the 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. Complainant alleged that the bank caused the Complainant’s 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. | None | The 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 complainant’s 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-16334-0122 | TD Bank Group | Complainant alleged that TD 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-16878-0322 | Bank of Nova Scotia | Complainant unable to access instalment payments feature for credit card. | $14.27 | Sequence 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-17094-0322 | Bank of Nova Scotia | Complainant believes her CEBA application was denied due to a bank error. | None | ADRBO 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-17131-0322 | TD Bank Group | Complainant asked bank to stop a wire transfer. | None | The 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-17163-0322 | TD Bank Group | Complainant disputed two ATM transactions, alleged he had never used an ATM. | None | Photo 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-17860-0522 | The Royal Bank of Canada | Approved credit card never received | $750.00 | Complainant 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-17879-0522 | Royal Bank of Canada | Complainant was defrauded. Complainant alleged that bank was liable for the wire transfers she authorized. | None | The 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-17916-0522 | TD Bank Group | The 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. | None | Bank 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-17968-0522 | TD Bank Group | A fraudulent cheque was drawn on the complainant’s business account | None | The 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-18222-0622 | TD Bank Group | Complainant wanted written confirmation regarding the terms of her GIC and RIF | Bank agreed to allow the customer to amend the automatic renewal of her GIC | In 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-18310-0622 | Bank of Nova Scotia | Use of Complainant’s email address for etransfers by a third party | None | The 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-18365-0622 | TD Bank Group | Misrepresentation | None | Complainant 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-18395-0622 | TD Bank Group | Claim is for amounts owing after a mortgage refinancing. | $738.90 | Complainant 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-18484-0622 | Bank of Nova Scotia | Complainant requested the refund of fraudulent cheque deposits. | None | Complainant 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. |
| FILE | Financial Institution | Nature of Complaint | Compensation/Other Recommendations | Reasons |
|---|---|---|---|---|
| OMB-15157-0921 | Bank of Nova Scotia | Complainant alleges being a scam victim and seeks compensation | None | The 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-16268-0122 | TD Bank Group | Online 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-16866-0322 | Royal Bank of Canada | Complainant alleges being an online fraud victim. | None | The 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-17062-0322 | TD Bank Group | Complainant requests reimbursement for unauthorized transactions. | None | The Complainant did not report the issue within the required 30 day timeframe. |
| OMB-17110-0322 | TD Bank Group | Complainant requests reimbursement of an early Mortgage discharge penalty. | None | The 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-17411-0422 | Bank of Nova Scotia | Complainant requests that the bank trace and recover a wire that apparently did not arrive with its recipient. | None | Following international banking practice, Scotiabank contacted the intermediary bank through which the funds were sent. 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-17850-0522 | Royal Bank of Canada | Complainant alleged that bank did not properly inform of mortgage prepayment penalty amount. | None | No 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-18052-0522 | TD Bank Group | Customer states that items in her safety deposit box were lost by the bank. | $5,000.00 | Although the Complainant was unable to provide any proof of the jewellery items she alleged 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 its contents. |
| OMB-18076-0522 | TD Bank Group | Complainant requests reimbursement for TD deposits in a debit relief scam. | None | The 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-18100-0522 | Royal Bank of Canada | Customer believes that the bank obtained loans against her property. | None | ADRBO 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-18487-0622 | Royal Bank of Canada | Bank employee disclosed details of Complainants’ mortgage with bank. | None | No financial loss was proven. Suggested to Complainants they pursue legal advice or refer their complaint to Privacy Commissioner of Canada. |
| OMB-18533-0722 | TD Bank Group | Reimbursement for unauthorized credit card charges in an investment scam | None | The Complainant was required to report account statement issues within 60 days, but did not report the issue until several months after this deadline. |
| OMB-18534-0722 | Bank of Nova Scotia | Customers incurred fees on their renewal, as a result of being misinformed. | Maintain goodwill gesture of $555 | ADRBO 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-18560-0722 | TD Bank Group | Customer obtained a higher interest rate due to misinformation and delays. | Re-extended goodwill gesture of $1000 | ADRBO 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-18700-0722 | TD Bank Group | Reimbursement of funds paid out in a “security” scam | None | Complainant 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-18823-0722 | Bank of Nova Scotia | Reimbursement for fraudster cheques that were not good | None | Complainant 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. |
| FILE | Financial Institution | Nature of Complaint | Compensation/Other Recommendations | Reasons |
|---|---|---|---|---|
| OMB-15889-1221 | National Bank of Canada | The Bank was asked to remove an employee from the Complainant’s file. | None | Investigation including interviews of Complainant and bank personnel involved. It was determined that a field in the Bank’s information system had not been changed to reflect a new contact person for the file. Because the employee noted was on leave, the information in the system had no practical impact. The employee did not deal with the Complainant’s file after the Complainant’s request. A part of the complaint was determined to be outside of mandate. |
| OMB-16074-1221 | National Bank of Canada | Complainant stated that bank did not freeze joint line of credit properly and improperly allowed large drawdown. | (1) Legal fees: reimburse $2,317.59; pay up to 8 hours for settlement documents review (2) Provide assistance if Co-borrower claims contribution (3) Pay $1,500.00 for inconvenience and workload impact. | Bank erred in not freezing joint line of credit as instructed by Complainant. Co-borrower drew down an additional large amount. Bank agrees Complainant is not responsible to repay any of the additional amount. Complainant required legal assistance to resolve matter. |
| OMB-16351-0122 | TD Bank Group | Complaint regarding termination of trading privileges by trustee of a self-directed RRIF. | None. Recommendation that the trustee make reasonable efforts to transfer the RRIF to another qualified institution. | As a result of a policy change, the trustee was no longer prepared to implement trading decisions in a self-directed RRIF as the account holder was non-resident. The Declaration of Trust required the trustee to implement those investment decisions. |
| OMB-16404-0122 | Bank of Nova Scotia | Complaint regarding insurance coverage, credit bureau report, and line of credit. | None | The type of insurance did not provide coverage in the circumstance. The Bank provided a report to the credit bureau within 30 days of the mortgage being paid out. There is a contractual obligation between the Complainants and the Bank regarding the line of credit, and the amount remains outstanding. |
| OMB-16454-0222 | National Bank of Canada | Complainant requests repayment of a bonus provided on the renewal of a mortgage. | Bank recommended to repay the amount charged of $4,938.55. | Bank provided the Complainant with a bonus on the renewal of his mortgage. The information in the written document was contradicted by additional information provided to the Complainant. In addition, on inquiry about any repayments required upon repaying his mortgage, information about repayment of the bonus was missing. Based on the facts, recommendation was made for the Bank to repay the amount. |
| OMB-16687-0372 | TD Bank Group | Complaint about poor advice by bank about contibution limit to a TFSA. | $1,822.35 | Sufficient evidence was provided to conclude that the bank should bear some accountability for the loss suffered by the Complainant, even though the TFSA agreement provides the customer is solely responsible for determining their contibution limit. Assessed that bank was accountable for 25% of the loss suffered by Complainant. |
| OMB-16965-0322 | TD Bank Group | Credit Card fees and minimum interest payments | Bank should correct information previously provided to credit reporting agencies; provide a written apology and work with Complainant to repay a determined credit card amount limited to $750 per month. | After an extensive review of the accomodations previously made by the Bank to the Complainant and a review of their communications, it was determined that the recommendations were appropriate. Part of the complaint relating to changes made by the provincial government to the minimum payments terms was rejected. |
| OMB-17290-0422 | Bank of Nova Scotia | Complainant states that he incurred fees on his accounts in error. | $150 in recognition of overdraft protection fees the bank charged in error. | The Complainant stated that upon signing up for ScotiaConnect, the bank began charging him fees in error. In order to compensate himself for these fees the Complainant withdrew $1000 from his Line of Credit, without notifying the bank. ADRBO found that although the bank should reimburse him for the overdraft protection fees, which ADRBO confirmed should not have been charged, the bank was not responsible for any interest charges, etc incurred on the Line of Credit. |
| OMB-17744-0522 | TD Bank Group | Complainant sought restoration of credit card loyalty points. | $3,235.05 (322,543 reward points) | Bank erred in interpretation of MBNA MasterCard agreement; terms were unclear and difficult to understand. |
| OMB-17880-0522 | National Bank of Canada | Claim for reimbursement of unauthorized Mastercard transactions | None | The Complainant did not report the issue with the transactions to Mastercard within the required 60-day timeframe. |
| OMB-17944-0522 | Bank of Nova Scotia | Complainant asked to be removed as party to automobile financing agreement. | None | Evidence satisfactory that Complainant provided her government-issued ID to dealership and they corroborated it. BNS followed its procedures and verified the information they were obligated to check. Complainant’s signatures on four different documents at four different times all appeared strikingly similar. Co-signor provided bank information about Complainant. |
| OMB-18018-0522 | TD Bank Group | Increase in mortgage payments due to realty tax payments. | None | It was determined that the Complainant had had notice of the realty tax payment increase in a timely manner and before the mortgage was renewed. The renewal agreement correctly stated the amount that would be paid for a specific month without the Complainant realizing that the payment would increase as a result of the previously received notice of realty tax increase in the month after the renewal. |
| OMB-18405-0622 | Royal Bank of Canada | Complainants claimed bank improperly debited account after materially altered cheque returned to bank | None | The bank was permitted to adjust and debit the account for the amount of the cheque at the time that it did, which was upon being notified by the Government of Canada that the cheque was returned due to a material alteration and was within the timing provided by the Payments Canada Rules and the Bank’s PDA. The bank was permitted to pursue the collection of the debt owed notwithstanding the returned cheque having placed the account into overdraft. |
| OMB-18516-0622 | TD Bank Group | Alleged fraud | None | Complainant provided banking information and downloaded remote access software at request of third party. Banking limits, including the maximum for email money transfers, were increased. Complainant then noticed $8000.00 missing. Money had been sent from her account via an email money transfer. Complainant concluded she was a victim of fraud and even though she acknowledges her role in facilitating the claimed scam, she believes the bank should have protected her. Information confirms all necessary alerts were sent, the transfer was made from the Complainant’s mobile device and not from the computer to which the remote access software was uploaded, and all processes were followed by the bank. The investigation did not identify any error on the part of the bank and therefore, no action is recommended. |
| OMB-18640-0722 | National Bank of Canada | Alleged incorrect information from the bank about investment terms. | None | The information available indicated that the bank probably gave the Complainant correct information about the terms of the investment. |
| OMB-18671-0722 | TD Bank Group | Complainant wanted Credit Bureau amendment for delinquent car loan payment that was written off. | None | The material events occurred almost 3 years ago. The complainant wants the Bank to amend its report to a credit reporting agency to reverse the negative impact on his credit rating that resulted from the write off of a delinquent payment on a car loan. The complainant thought he had paid off his car loan in full, but the Branch which advised him of the amount due, was not aware that a bi-weekly payment a week prior had been returned NSF. While there was miscommunication, for which the Bank has apologized, the complainant was given a fair opportunity to pay the outstanding amount, without interest, once the issue became apparent. He agreed to make that payment but failed to do so by the agreed date. The outstanding amount was only reported as a bad debt some months later. The complainant ultimately paid the outstanding amount, without interest and the loan has been paid in full. The Bank acted in accordance with its operating policies and procedures. |
| OMB-18707-0722 | TD Bank Group | Fraudulent transactions on account | None | Fraudulent activity on account over nearly a year from an online retailer. The Complainant was responsible for reviewing his banking records on an ongoing basis, and failure to notify bank of any disputed charges within 30 days meant records were deemed to have been reviewed and valid. None of the disputed transactions were conducted with any direct interaction with TD. |
| OMB-18711-0722 | Royal Bank of Canada | Mortgage prepayment penalty amount | None | Complainants thought they were porting an existing fixed rate mortgage but the documents they signed were for a new variable rate mortgage. The prepayment penalty amount was based on payout of the existing mortgage. There is no evidence Complainants were misled. They agreed to the new mortgage terms. |
| OMB-18831-0722 | TD Bank Group | Complainant alleged that bank did not properly disclose it was paying certain condominium fees arrears. | $1,500.00 | Complainant, one of two co-borrowers, should have had specific notice from the bank that there were condominium fees arrears and associated legal fees being paid by the bank included in Complainant’s mortgage payments. Payments by the bank continued for several years before Complainant made further and better inquiries about the higher than usual mortgage payments. Complainant should have insisted on an explanation earlier. |
| OMB-18837-0722 | TD Bank Group | Compensation sought for participation in fraudulent investment scheme | None | Complainant sought compensation for electronic funds transfers for investment fraud scheme, stating the Bank had a fiduciary duty to protect him from himself. He argued that the Bank should have noticed the account activity and halted it. The Complainant did not display any competency issues in a recorded call with Bank during the relevant time. Compensation denied. |
| OMB-18861-0722 | Tangerine Bank | Complainant alleged that money was fraudulently deposited to and withdrawn from account. | None | Complainant’s bank card and phone were stolen, and her login credentials were stored in the phone in an unsecured way. On top of insufficiently securing her PIN, Complainant did not report the card or phone stolen to Tangerine for a significant period of time, which allowed the fraud to be executed nearly 2 weeks later. |
| OMB-18915-0722 | TD Bank | Wire transfer delay | None | Complainants purchased a Florida property and sent a wire transfer on a Saturday morning. On Monday, the manager required further information but could not reach the clients as they did not have U.S. cell service. The property ended up closing four business days late. Bank offered goodwill gesture of $1000 to help defray hotel and meal costs. |
| OMB-19112-0822 | Bank of Nova Scotia | Complainant alleged that bank wrongfully converted wire payment received from Euros to CAD. | $1,000.00 | Conversion from Euros to CAD was made by intermediary institution, not BNS. Compensation recommended because Complainant was inconvenienced by branch delay in explaining options to deal with currency conversion. |
| OMB-19199-0822 | TD Bank Group | Complainant believed that the bank had erred in the management of her mortgage. | None | Complainant believed that her mortgage should be paid off in its entirety. However, the bank has stated that a balance still remained. Having reviewed the mortgage history, it was apparent that the Complainant had converted the mortgage to a home equity line of credit. Furthermore, the documentation evidences that the bank’s calculation of the outstanding balance was accurate. |
| OMB-19350-0822 | Royal Bank of Canada | Reimbursement for funds lost in a cryptocurrency investment scam. | None | In this situation the bank would not reasonably have been expected to alert the Complainant to the possibility of fraud. |
| OMB-19429-0822 | TD Bank Group | Complainants stated that bank should have questioned reason for large cash withdrawals. | $10,250 (same as bank’s own previous recommendation) | Complainants were victims of a scam and withdrew cash in $5,000 increments ($15,000 in-branch and $10,000 via ATM) which they deposited into a bitcoin machine. Customers have the primary onus to avoid being defrauded. However, the bank did not follow its policy for in-branch withdrawals over $10,000 so agreed to reimburse 75% of that loss. The bank also agreed to reimburse 50% of $5,000 and to pay $250 as a goodwill gesture for inconvenience. |
| OMB-19572-0922 | Bank of Nova Scotia | Complainant was scammed and alleged bank should have protected him. | None | Although Complainant didn’t know who he was dealing with, he was a willing participant in the transactions that took place, using his own login credentials. Case law and legislation Complainant referred to were not applicable. |
| FILE | Financial Institution | Nature of Complaint | Compensation/Other Recommendations | Reasons |
|---|---|---|---|---|
| OMB-18031-0522 | Royal Bank of Canada | Fraudulent Credit Account | $1,000 plus release of debt | Complainant not liable for credit card account opened by imposter – Fraudster tricked Bank into issuing credit cards using the Complainant’s identity. The Bank conducted a credit enquiry and issued the cards without effectively verifying the applicant’s identity. The Complainant was not aware the account was opened in her name and reasonably believed she was an Authorized User on the Fraudster’s account. Bank Agreement states an Authorized User is not liable on the debt. |
| OMB-18245-0622 | Bank of Nova Scotia | Compensation sought after fraudster accessed bank accounts. | $4,950.00 | Complainant lost $9901.99 after a fraudster accessed accounts through her tablet. The Bank flagged the transaction as suspicious but when they did not hear from Complainant, they released the funds. Bank could have taken additional steps to protect a senior. However, Complainant should have alerted Bank to fraud. Loss split equally between parties. |
| OMB-18349-0622 | TD Bank Group | The Complainant claimed that the bank should have monitored his account and cautioned him prior to allowing for the processing of numerous Interac e-transfers to a fraudster who lured him into a crypto asset investment scheme. | None | The Complainant was liable for the transactions he conducted through the bank’s mobile banking app. The Complainant received text message fraud alert notices each time he attempted an Interac e-transfer and then proceeded to authenticate the transaction. The bank sufficiently cautioned the Complainant about the transactions and did not contribute to the loss the Complainant incurred. |
| OMB-18511-0622 | Royal Bank of Canada | Purchase Plus Improvement Program was not included with mortgage. | Compensaton for interest costs incurred on other credit card used for reno budget. | The Complainants incurred much higher interest charges on their credit card than they would have on their mortgage if the Purchase Plus Improvement Program had been included originally. Based on the circumstances and lack of clear communication, the Complainants should be reimbursed for the interest charges incurred during this period. |
| OMB-18559-0722 | Royal Bank of Canada | Wire transfer dispute. | None | Complainant was defrauded by cryptocurrency scam, alleged the Bank was negligent in failing to educate her and prevent her sending wire transfers to cryptocurrency trading platforms. Bank completed all transactions as instructed. Bank asked the Complainant numerous questions that were not answered fully or accurately. Had the Complainant been forthright about who she was dealing with and how she became acquainted with the fraudster, her loss could have been avoided. |
| OMB-18889-0722 | TD Bank Group | Complainant alleged that PBA was miscalculated when dividing remaining estate funds. | $2061 | ADRBO agrees with TD Senior Customer Complaints Office’s determination that both the PBA and Complainant share responsibility for the error. |
| OMB-19001-0822 | TD Bank Group | Complainant asked for refund of fraudulent pre-authorized debits | $14,999.50 | Both parties made material omissions that the other party could argue could have prevented the situation. A recommendation for 50% reimbursement was the only reasonable result. Complainants likely asked for their account to be ‘locked’ or ‘frozen’, which wasn’t executed and would have prevented the issue. However, Complainants also failed to check their records for over 90 days, which would have impacted events. |
| OMB-19078-0822 | Royal Bank of Canada | Bank was refusing to refund travel points prior to airline refund to bank. | Bank is to continue to actively pursue and follow up on the refund from airline on behalf of the Complainant and their offer of a $150 gift card as a goodwill gesture is to be reextended. | RBC followed its policies and procedures related to the travel cancellation through RBC Rewards. The evidence supports that the refund to the Complainant is subject to airline first providing RBC with the refund. |
| OMB-19119-0822 | TD Bank Group | Complainant claims e-transfer was not authorized. | None | Complainant denies making an e-transfer from her account. ADRBO determined the disputed e-transfer was conducted on the same device and from the same location as most other transactions conducted by the Complainant, likely by someone who had learned her password either by observation or mechanical means and had access to the Complainant’s device. Complainant is responsible for the care and control of her own device and credentials. |
| OMB-19440-0922 | TD Bank Group | Complainant alleged that the bank provided mortgage documents to the Complainant that were inaccurate. | None | ADRBO was unable to speak with the representative who drafted the agreement, which included a reduced amortization period and therefore higher minimum payments than those which the Complainant stated he agreed to. However, the Complainant had signed the renewal agreement and there was additional evidence suggesting that a discussion regarding different amortization periods had occurred. Therefore, ADRBO was unable to evidence a bank error occurred. |
| OMB-19560-0922 | TD Bank Group | Compensation for delay in honouring 2 cheques | $466.82 | The compensation is for lost interest due to the bank’s action and for a registered letter from the Complainant to the bank to address the situation. |
| FILE | Financial Institution | Nature of Complaint | Compensation/Other Recommendations | Reasons |
|---|---|---|---|---|
| OMB-17711-0522 | TD Bank Group | Online fraud | None | Complainant, a long term bank employee, was scammed and paid scammer via Interac. There was no prior discussion/contact with TD so there was no opportunity for TD to intervene and question the transaction. Bank was not liable for Complainant’s loss. |
| OMB-18049-0522 | TD Bank Group | Complainant was denied a self-build construction mortgage. | None | Complainant applied for a construction mortgage where a builder funds the first 35%. He broke ground, then tried to borrow against his land. The land equity loan was subsequently denied. The Bank followed all policies and procedures. |
| OMB-18559-0722 | Royal Bank of Canada | Wire transfer dispute | None | Complainant, defrauded by cryptocurrency scam, alleged the Bank was negligent in failing to educate her and prevent her from sending wire transfers to cryptocurrency trading platforms. Bank completed all transactions as instructed. Bank asked the Complainant numerous questions that were not answered fully or accurately. Had the Complainant been forthright about who she was dealing with and how she became acquainted with the fraudster, her loss could have been avoided. |
| OMB-18687-0722 | TD Bank Group | Complainant states they were provided inaccurate information on car loan. | Reimbursement of the car rental fee the Complainant incurred, in the amount of $931.75 (same as bank’s previous offer). This is in addition to a 1% interest rate reduction, which had been previously received. | The evidence showed that the Complainant was repeatedly provided with inaccurate information regarding the car loan he had been approved for. This included how old the vehicle could be and the length of the amortization period that was available to him. This made it very difficult for him to find a qualifying vehicle and resulted in this process taking considerably longer and led to the Complainant having to rent a vehicle for an extended period of time. |
| OMB-18813-0722 | TD Bank Group | Fraudulent cheque returned after Complainant sent watch to buyer. | None | The Complainant sold a valuable watch online for $11,000 and the buyer deposited a cheque for that amount in the Complainants bank account. The cheque turned out to be fraudulent. The bank advised the Complainant that it would take 10 days for buyers cheque to clear, but the Complainant chose not to wait till then before transferring the watch to the buyer. This put the Complainant at risk, and he must bear the responsibility for the loss and not the bank. |
| OMB-18986-0822 | Bank of Nova Scotia | Complainant alleged that bank failed to advise of disability insurance coverage. | None | Disability insurance coverage was obtained as part of vehicle purchase financing assigned to bank. Insurance was not purchased through bank and bank had no obligation to keep records of insurance coverage. |
| OMB-19047-0822 | Bank of Nova Scotia | Complainant believed the bank had cancelled the monthly payment for her insurance. | None | Although the timing and lack of information regarding the cancelled pre-authorized debit on the Complainant’s account was concerning, there was no evidence to corroborate the Complainant’s assertion that the bank had cancelled the payment. Furthermore, this matter was not reported for 2 years, at which time there were no options available to the bank or insurance company to reinstate the payments and coverage. |
| OMB-19122-0922 | Royal Bank of Canada | The Complainant invested in a fraudulent BitCoin scam. | None | The Complainant became involved in investing with an internet-based investment company. She e-transferred funds from her RBC account. Over time, three transfers were made in total. She then requested a withdrawal and was informed the funds were not available. The Complainant felt that RBC should have detected the fraud, stopped it and and refunded the Complainant’s funds. RBC is not liable for the Complainant’s own, authorized investment decisions. |
| OMB-19165-0822 | Royal Bank of Canada | Complainants believed that RBC incorrectly obtained the wrong class of airline ticket. | Bank agreed to reoffer their gesture of goodwill, being $221 or 22,100 RBC Reward Points each. In addition, the bank agreed to reimburse the Complainants for the annual account fees, in the amount of $120 each. | RBC was able to evidence that they had purchased premium economy tickets, being the class of ticket the Complainants had requested. Although the Complainants identified that they believed the seat numbers provided to them were outside the premium economy cabin, ADRBO was able to confirm that the bank does not select the seats and the seat numbers initially provided had yet to be confirmed by the airline. |
| OMB-19185-0822 | TD Bank Group | Complainant wanted access to her deceased mother’s assets in the bank. | None | Complainant to visit a local branch to complete all necessary paperwork in order to have access to the funds. |
| OMB-19229-0822 | TD Bank Group | Wire Fraud Dispute | None | Complainants defrauded by a scam and alleged the bank was negligent in failing to prevent them from making the transactions. Bank was not negligent. Complainants were not forthright in answering the Bank’s questions about the transactions. |
| OMB-19388-0822 | TD Bank Group | Complainant says closing delayed because funds were late. | Goodwill gesture of $680 re-extended by Bank. Bank followed all policies and procedures. | Complainant requested $3,333.43 to compensate for expenses after a delayed house closing due to late mortgage funds. Delay because Complainant did not provide requested documents on time and his lawyer provided inaccurate transfer information. |
| OMB-19486-0922 | Royal Bank of Canada | Complainant states error caused loss of two Westjet travel vouchers. | $2,120.62 | A banking error connected to the Complainants Westjet RBC World Elite Mastercard negatively affected his Westjet rewards account and prevented him from using two travel vouchers for a family vacation to Hawaii. Recommended an award of $2,100 to compensate for the value of the vouchers, if they had been used as the Complainant originally intended. |
| OMB-19665-0922 | Royal Bank of Canada | Complainant sought reimbursement for unauthorized charges. | None | There was no reasonable explanation of how the charges could have been incurred if the Complainant had fulfilled the responsibility to keep the Complainant’s card and the numbers on it safe. |
| OMB-19718-0922 | Royal Bank of Canada | Complainant sought reimbursement for funds paid in an investment scam. | None | The bank made significant efforts to investigate the legitimacy of the Complainant’s situation but the Complainant proceeded with the apparent investment despite the bank’s questions. |
| OMB-19811-0922 | TD Bank Group | Complainant requested the refund of e-transfers and wire payments. | None | Complainant was clearly the victim of a scam. However, he voluntarily undertook to send the money to the scammers. The bank had no obligation to inquire deeply into the transactions when given a purpose that is the Complainant’s own decision. Tellers are not acting in the nature of professional advisors. Signed Wire Payment Agreement was clear that the bank no longer controls funds once sent. |
| OMB-19952-1022 | Bank of Nova Scotia | Complainant stated that bank error led to multiple credit cards being opened in the Complainant’s name. | $200 had been provided by the bank previously. The bank agreed to re-extend their previous offer of an additional goodwill payment of $250, bringing the total compensation to $450. Furthermore, the bank corrected all errors on the Complainant’s credit bureau report. | It’s clear there were a number of bank errors here, including: misinforming the Complainant about what products were available, the issuance of a credit card in error and the closure of all of the Complainant’s cards. However, there was no evidence of any financial loss. Furthermore, given the unwanted credit cards were never activated, there was no impact on the Complainant’s credit bureau report. Therefore, ADRBO felt that $450 was sufficent compensation for the inconvenience caused to the Complainant. |
| OMB-19955-1022 | Bank of Nova Scotia | Complainants alleged lien was not properly discharged as requested. | None | Complainants’ situation was sympathetic, and could have possibly been avoided in several ways. Evidence confirmed they fully paid off loan, and asked for line of credit to be closed. Bank intended to call them if they intended to close full STEP product (with lien), but they never did. However, as a jurisdictional matter, this was a customer service issue, not a failure to follow policies or procedures. Other professionals advising the Complainants may have also contributed to issue. |
| OMB-20036-1022 | TD Bank Group | Alleged theft of Complainant’s cash. | None | The Bank’s position was more persuasive. The Investigator did not find sufficient evidence of a theft and did not find the Complainant’s allegation to be credible. |
| OMB-20224-1022 | National Bank of Canada | Alleged bank commitments re interest rate and capital in mortgage payments. | None | There was insufficient information to conclude whether it was likely that the bank failed to live up to a commitment concerning mortgage interest rate. The Complainants either agreed to the terms in their mortgage concerning capital in their payments or were not concerned enough about it to check those terms. |
| FILE | Financial Institution | Nature of Complaint | Compensation/Other Recommendations | Reasons |
|---|---|---|---|---|
| OMB-17105-0322 | TD Bank Group | Disputed transactions | None | The unauthorized transactions were not reported in a timely manner, and it was also unclear how well the Complainant protected the Payment Instrument. There is nothing to suggest that TD is responsible for the transactions. |
| OMB-17790-0522 | TD Bank Group | Complainant claimed that Bank mismanaged a loan application. | Bank should pay $2,500 for loss of revenue and $500 for previously offered goodwill gesture amount. | Loan application covered an ineligible rental property. Bank reviewed the application as an exception to policy but declined it based on lack of debt servicing capacity. Process took almost 6 months. Complainant claimed bank did not properly explain he could invest required cash collateral and earn income while the application was being considered. ADRBO agreed the bank could have provided more complete explanations. |
| OMB-17794-0522 | TD Bank Group | Complainant wanted Bank to honour previous fixed rate on a new HELOC loan. | No compensation recommended. Goodwill gesture of $400 extended by Bank. | The Complainants inquired about a fixed rate HELOC loan but did not attend at the Bank to fill out required paperwork. The amount withdrawn online was at a variable rate. The Complainants wanted the loan adjusted retroactively to the fixed rate despite increases in the prime rate. The HELOC contract clearly outlines policies so the request was denied. |
| OMB-17975-0522 | Bank of Nova Scotia | Scam victim | None | The evidence does not point to a loss being incurred by Complainant as a result of the Bank’s actions or inaction. |
| OMB-18227-0622 | TD Bank Group | Complainant fell victim to fraudulent crypto asset investment scheme. | None | The bank did not contribute in any way to the Complainant’s loss. The bank processed the transactions the Complainant initiated, be it unilaterally in the form of the Interac e-transfers, or at the branch through wire transfer transactions that the Complainant directed the bank to send to the account he owned with a crypto asset exchange platform, which crypto assets were then diverted out of that account by the fraudster. |
| OMB-18350-0622 | Bank of Nova Scotia | Misunderstanding regarding mortgage renewal | None/recommended that recording of key conversation be made available to Complainants. | The Complainants converted their line of credit to a second mortgage based on their understanding from a video call that the existing first mortgage would be renewed at the same interest rate. The recording of that call confirmed that they had misunderstood the clear advice of the bank. |
| OMB-18437-0622 | Royal Bank of Canada | Compensation for items allegedly missing from a safety deposit box. | $150.00 | The Complainant likely emptied and surrendered the box despite not recollecting doing so. However the bank could not provide the information to confirm access and surrender that should have been readily available as per its normal procedures. The bank’s investigation caused several months of uncertainty and stress to the Complainant. The $150 is compensation for this. |
| OMB-18948-0822 | Bank of Nova Scotia | The Complainants claimed that the bank provided erroneous information about the amount of mortgage financing available. | None | The bank satisfactorily rectified its omission when it provided a revised amount of financing, which contained terms and conditions that were consistent with those provided for in the initial offer. The Complainants decided not to accept that financing offer and the bank was not responsible for the higher cost of the borrowing that the Complainants incurred when they decided to obtain a mortgage from a different mortgagee. |
| OMB-19005-0822 | Royal Bank of Canada | Complainant states she was provided with misleading information by the bank. | The Complainant’s account fees will be waived for a period of 6 months. Bank will also speak with the Complainant about the possibility of obtaining a consolidation loan. | The Complainant outlined a number of issues she had, ranging from the bank’s refusal to increase the limit on her Homeline Plan despite inferring that it wouldn’t be a problem, to the delayed delivery of a promotional iPad. ADRBO reviewed these points but was unable to substantiate the Complainant’s claims or identify a bank error. ADRBO did however request that the bank attempt to aid the Complainant in mitigating the financial hardship she is experiencing. |
| OMB-19032-0822 | Bank of Nova Scotia | Complainant states he cancelled his insurance, but continued to incur premiums. | $1096.98 | ADRBO found no evidence that the Complainant had cancelled all of the insurance coverage he held. Furthermore, the evidence indicated that the bank did act on the Complainant’s requests as they came in. However, the bank was unable to provide a copy of the signed insurance documents and ADRBO found that some of the information that was provided to the Complainant was potentally misleading. Lastly, ADRBO found that the bank should have cancelled the remaining coverage when this complaint was escalated. |
| OMB-19044-0822 | Bank of Nova Scotia | The Complainants claimed the bank failed to warn and protect them about being a victim of fraud when a fraudster lured them to send wire and Interac e-transfers as part of a crypto asset investment scheme. | None | The bank did not contribute in any way to the Complainants’ loss. The bank processed the transactions the Complainants initiated, be it unilaterally in the form of the Interac e-transfers, or at the branch through wire transfer transactions that the Complainants directed the bank to send to the accounts they owned with crypto asset exchange platforms, which crypto assets were then diverted out of those accounts by the fraudster. |
| OMB-19281-0822 | Royal Bank of Canada | Mortgage rate quote error | $1,188.12 | The Bank consistently provided inaccurate information about the mortgage renewal rate the Complainant would receive. Complainant shares responsibility for not thoroughly reading and questioning the mortgage renewal agreement he signed. The Complainant should be compensated a fair amount reflecting both sides’ responsibility. |
| OMB-19469-0922 | TD Bank Group | Disputed transactions | None | Based on the totality of the evidence and issues of credibiity, it appeared that the Complainant completed the transactions. |
| OMB-19478-0922 | TD Bank Group | Complainant wanted access to her parents’ account. | None | Complainant’s parents are in Australia and she is their sole care giver but there was some dispute as to her mother’s mental acuity. In order for the Complainant to have assets transferred, the bank required an updated POA and, under the ADRBO Terms of Reference, ADRBO is not able to investigate matters relating to TD’s general policies and procedures, or recommend changes to them. |
| OMB-19518-0922 | Bank of Nova Scotia | Allegedly unauthorized charges to line of credit | None | Complainant did not fulfill his responsibility to protect his card and PIN and/or explicitly or implicitly authorized their use. |
| OMB-19531-0922 | Royal Bank of Canada | Online investment scam | None | Complainant was defrauded in two online investment scams over two time periods. Complainant engaged in the second scam even though he knew he had been previously defrauded for over $40,000. Complainant failed to report either fraud to the Bank for years after the second scam yet felt the Bank was somehow liable for his loss. All transactions were completed as directed by the Complainant and the Bank did not err or otherwise breach any duty owed to the Complainant. |
| OMB-19779-0922 | Bank of Nova Scotia | The Complainant stated that his Scotiabank Visa debit card was used for two transactions he did not complete. | None | The Bank completed a chargeback for the amounts in question and the transactions were reversed. Regarding the compensation the Complainant requested for his time spent on this matter, it was determined that the requested compensation should not be paid. The actions taken by Scotiabank were reasonable in all of the circumstances and protocol was followed. |
| OMB-19867-0922 | Bank of Nova Scotia | Reimbursement was requested for an etransfer Complainants said was unauthorized. | None | There was no reasonable explanation of how the etransfer could have been done if the Complainants had fulfilled their responsibility to maintain confidentiality and safekeeping of their mobile banking credentials. |
| OMB-19976-1022 | TD Bank Group | Complainants asserted that the bank failed to provide a mortgage renewal offer in a timely manner. | No further action, other than option for bank to re-extend prior goodwill gesture offer. | The Complainants were not deprived by the bank of the opportunity to accept any of the early mortgage renewal offers. The Complainants decided not to accept the mortgage renewal offers that were presented to them. The bank was not responsible to recompense the Complainants for any amount of higher interest the Complainants are to pay during the current mortgage term when compared to the lower amount of interest they would have paid had they chosen to accept the prior mortgage renewal offer. |
| OMB-20136-1022 | Royal Bank of Canada | Complainant said rate change and transfer were unauthorized. | Reimbursement of $312.86, being the difference in interest charged on the Complainant’s two credit cards in September 2022. In addition, the bank should reimburse the difference in interest between the rate charged on the Complainant’s Visa card and the rate of 6.9%, from September 2022 until present. Lastly, the bank should honour the rate of 6.9% on the Complainant’s Visa card until March 11, 2023. | The Complainant had a special rate exemption in place on his MasterCard as a result of a previous bank error. The bank was unable to confirm how long the reduction was to last and, therefore, ADRBO recommended the rate exception remain in place until the date on which the Complainant has stated it was to conclude. With regards to the more recent transfer, ADRBO found after reviewing the available evidence that the Complainant had consented to the transfer. |
| OMB-20242-1022 | Royal Bank Of Canada | The complaint was in regards to morgage renewal and interest rate applied. | None | The Compainants had a 2 segment variable rate mortage and claimed that they wanted to change to a fixed rate. One segment was not renewed or locked-in, while the other was locked-in. The Complainants therefore sought the interest differential between the rate achieved for one segment and the higher rate ultimately obtained on the other segment. There was no evidence that the bank was supposed to convert both segments and the renewal agreement clearly indicated that it only related to one segment. There was no evidence that the bank did anything wrong and no compensation was recommended. |
| OMB-20338-1022 | TD Bank Group | The Complainant believed TD sent a wire transfer to the wrong account. | None | This was an international wire transfer. ADRBO confirmed that it was sent to, and received in, the account specified in the wire transfer information provided by the Complainant. |
| OMB-21029-1122 | TD Bank Group | Complainant alleged poor customer service with respect to mortgage. | None | Complainant bought a new house and went with competitor at a lower rate. When rates began to rise, Complainant returned to Bank and complained he did not know he could have ported his mortgage. However, port possibilities were outlined in the signed mortgage documents. |
| FILE | Financial Institution | Nature of Complaint | Compensation/Other Recommendations | Reasons |
|---|---|---|---|---|
| OMB-18145-0622 | TD Bank Group | The Complainant was a victim of an investment scam. | None | The Complainant made an investment of $8,500 which turned out to be worthless. He felt the Bank did not meet its duty of care to protect him. ADRBO was satisfied that the Complainant did not rely on the bank to make his investment decision, and waited too long to contact the bank to enable the bank to help him. |
| OMB-18452-0622 | Bank of Nova Scotia | Complainant claimed that the Bank did not honour a commitment for a specific rate on a mortgage. | None | Although a specific blended rate had been discussed in emails between the Complainants and the Bank, no formal commitment was ever made by the Bank. In addition, because of the COVID19 pandemic there were some payment challenges with the loan and the Bank would not confirm any changes while the mortgage was not in good standing. |
| OMB-18702-0722 | Royal Bank of Canada | Complainant transferred money by Interac to a fradulent investment company. | None | All transfers made by the Complainant to the fraudster were with his full authorization and consent. Although the Bank does advertise that it will protect its customers from fraud, nothing therein suggests that when clients initiate transfers with their full authority and consent, that the Bank can do anything when the transferee proves to be fraudulent. |
| OMB-19277-0822 | Bank of Nova Scotia | Alleged the bank failed to hold interest rates for both mortgage products. | None | The bank erred when it omitted to hold the two-year fixed rate mortgage product that it ought to have held for 120 days, as was indicated by the bank would be done and was understood by the Complainants to have been done for them. However, the Complainants failed to mitigate against the perceived loss caused by the bank’s error as they did not obtain a substitute fixed rate mortgage. This inaction negates any claim for damages against the bank as no loss to the Complainants had crystalized. |
| OMB-19642-0922 | TD Bank Group | Wire Transfer Fraud | None | Complainant conducted 15 wire transfers. She believed she was assisting the police when in fact she was being defrauded. She consistently provided false information to the Bank about the nature of the transfers and ignored warnings from other banks. She was interviewed by the real Police before completing any of the transfers but failed to disclose her activities to them. Had she been honest with the police or the Bank her loss could have been entirely prevented. |
| OMB-20175-1022 | TD Bank Group | Dispute over availability of credit on secured credit line. | $950.00 | The Bank provided erroneous information to the Complainant about the amount of unused credit she would have available on her new home equity line of credit. The Bank employee became confused and forgot the purpose of the HELOC was to pay out an existing mortgage on another property. Though disappointed, the Complainant had not changed her position based on the erroneous information and suffered no damages. The Bank agreed to pay the Complainant $950 as a goodwill gesture. |
| OMB-20304-1022 | TD Bank Group | Alleged that mortgage financing approval timing resulted in higher costs. | None | Complainant said Bank’s delay in approving a mortgage consolidation loan caused her to suffer higher payout costs with another lender and resulted in her stressful scramble to find an additional $5,200 to close the transaction on time. Bank was not responsible for the delays in the refinancing. Delay was due to the complexity of the refinancing and other factors outside the Bank’s control. Shortfall was due in large part to the continued use of and increased balances on the liabilities being refinanced. |
| OMB-20666-1122 | Royal Bank of Canada | Complainant says bank delayed transfer of TFSA from another FI. | None | Complainant did not provide proper documents at start of transfer process, causing delays. Value of TFSA reduced. Complainant wanted the TFSA proceeds in cash and could have cashed out the TFSA directly at the other FI instead of asking for the TFSA to first be transferred to RBC and then cashing out the TFSA. Delays were not caused by the bank. |
| OMB-20784-1122 | National Bank of Canada | Mortgage Renewal – Complainants alleged bank provided inaccurate information. | $2,096.79 | Bank provided Complainants inaccurate information. Complainants relied on inaccurate information when renewing mortgage for a variable rate instead of a fixed rate. By the time the Complainants found out about the error, the fixed mortgage rates had increased. Complainants share responsibility for not reading and questioning the mortgage renewal agreement they signed. Amount of compensation reflects the shared responsibility of the parties. |
| OMB-20804-1122 | Royal Bank of Canada | Claim for reimbursement of Visa charges | None | ADRBO could not identify a reasonable explanation of how the charges could have been incurred if the Complainant had fulfilled the responsibility of safeguarding his card and PIN. |
| OMB-20955-1122 | TD Bank Group | Complainant alleges that an error with his HELOC led to a financial loss. | Compensation in the amount of $3,177.73 was recommended in response to errors made by the bank in increasing the limit on his HELOC. | ADRBO found that the bank had closed the Complainant’s HELOC and opened a new one in error. This resulted in the Complainant incurring not only a penalty but an increased interest rate. ADRBO further found that the Complainant should not be held financially liable for the fact that it took him multiple attempts to rectify this matter and therefore recommended that he be reimbursed for all of the penalties that were incurred in obtaining the same interest rate he’d intially held. |
| OMB-21214-1222 | Royal Bank of Canada | Complainant alleged bank gave misleading information and opened an account in error. | Complainant was presented with a goodwill gesture of 10,000 points. | ADRBO was unable to substantiate the Complainant’s assertion that she’d been misled into thinking she’d receive 270,000 points for moving her mortgage to RBC, as opposed to the 27,000 points she received. The terms of the promotion stated that 27,000 points was the correct figure. However, ADRBO did find that the bank opened a new account for the client in order to credit her these points without her consent. There was no financial loss, but bank reported wrongfully opened account in accordance with its regulatory obligations. |
| OMB-21499-1222 | Royal Bank of Canada | Complainant says bank erred in holding funds, causing lost opportunity. | $405.81 | Clear and unequivocal evidence that bank consented to Complainant’s request not to place a hold on his cheques, but then did anyway. Complainant should have been able to rely on what he was told. Complainant mitigated his losses, and did what he intended as quickly as he could. Opportunity cost was theoretically quantifiable, although claim was reduced given data couldn’t be externally corroborated. |
| OMB-21570-0123 | National Bank of Canada | Bank allegedly did not fulfill its interest rate commitment. | None | The mortgage contract was clear and the Complainants signed it without questioning the interest rate. There is insufficient information to reach a reasonable conclusion on whether the bank gave incorrect information about the interest rate before providing the mortgage contract. |
| FILE | Financial Institution | Nature of Complaint | Compensation/Other Recommendations | Reasons |
|---|---|---|---|---|
| OMB-17148-0322 | TD Bank Group | Complainant sent funds for an investment. Wanted funds returned. | None | TD Bank was not responsbile for the loss. TD Bank had no information that would cause it to raise a red flag with respect to Complainant’s transfer of funds. He had authorized the transaction. The Complainant willingly made the payment which ended up in a fraudster’s hands. TD did not provide any misleading information. |
| OMB-18101-0522 | TD Bank Group | Bank allegedly failed to adjust incorrect information sent to credit bureau. | Bank to correct information reported to both credit bureaus immediately. | Complainant was advised on four occasions that the incorrect information being reported to his credit bureau report would be corrected, which did not happen, causing distress to Complainant. |
| OMB-18129-0622 | Bank of Nova Scotia | Incorrect information allegedly provided about mortgage renewal. | None – A $300 goodwill gesture was offered. | The email correspondence between Complainants and bank did not support the complaint. |
| OMB-18327-0622 | Royal Bank of Canada | Complaint that Bank failed to halt Complainant’s wire transfers to fraudsters. | None | The Complainant sent $213,278.99 in wire transfers to a crytocurrency scheme run by an individual on the internet. She alleged Bank should have halted the suspicious transactions. Bank employees did try to talk Complainant out of making the transfers but did not succeed. The Bank followed all policies and Complainant invested at her own risk. |
| OMB-18393-0622 | Bank of Nova Scotia | Alleged overcharge on penalties for early reimbursement on 2 mortgages. | None | Complainant paid his 5-yr closed mortgage early with penalty, which was to be waived if he “transported” the loan to a new purchase within 90 days. Covid delays meant he could not complete new purchase within the 90 days, so penalty was charged. New mortgage incentive equalled the penalty, but he then paid that mortgage off early incurring a new penalty and a clawback of part of the incentive. Bank acted within its rights under the contract. |
| OMB-18763-0722 | TD Bank Group | Complainant sought return of $1,700 allegedly deposited into her account. | $200.00 | The Complainant provided no evidence to support her position that she deposited $1,700 into her account, apart from her word. In weighing the Complainant’s version of events against the evidence provided by the bank, particularly the bank’s records, on a balance of probabilities, the evidence supported a conclusion that the Complaiannt did not deposit $1,700 into her account. However, the bank’s failure to retain video footage deprived the Complainant of potentially key evidence that may have collaborated significant portions of her story. |
| OMB-19258-0822 | TD Bank Group | Complainant claimed the bank erred when it contributed to her TFSA as a non-resident. | $10,015.91 | The Bank erred when it failed to process the TFSA in-kind contribution transaction in a timely manner for the Complainant after it knew, or ought to have known, that the Complainant would no longer be a resident of Canada. The bank unreasonably delayed the processing of the TFSA in-kind contribution transaction, which occurred shortly after the Complainant was no longer a resident of Canada. The bank ought to have processed this in-kind TFSA contribution transaction much earlier. The amount that the CRA assessed as tax, penalties and interest for the improper TFSA contribution that the bank processed on the Complainant’s behalf while she was a non-resident, should be paid to the Complainant. |
| OMB-19327-0822 | TD Bank Group | The Complainant attempted a withdrawal at an ATM and the money was not received. | None | The Bank had previously provided a credit for the money not received together with an additional amount for the Complainant’s troubles. |
| OMB-19377-0822 | Royal Bank of Canada | Request to reverse allegedly fraudulent transactions. | None | The Complainants contested credit card transactions by two merchants for the purchase of plane tickets, for the following reasons: they were victims of fraud, the transactions were not properly completed, they didn’t receive the services purchased, and they had asked for the transactions to be reversed. The investigation concluded that one of the transactions had already been reimbursed. Evidence showed that the other transaction was properly completed, that the Complainants received the purchased services, that they were advised of reimbursement/cancellation terms as well as what was not reimbursable, and that they did not act within the time constraints listed in the policy. There was insufficient evidence of fraud. |
| OMB-19561-0922 | TD Bank Group | Complaint about e-transfers to Bitcoin investment company. | None | Complainant was the victim of a fraud perpetrated by Bitcoin investment company. Bank did nothing wrong. Warning messages were sent to Complainant and he acknowledged he himself had performed the transfers. No reason for Bank to take any additional steps. |
| OMB-19804-0922 | Royal Bank of Canada | Mortgage renewed at variable rate, but Complainants wanted fixed rate. | None | In the conversations between the Bank and the Complainants, the difference between fixed and variable rates was clearly explained as was the risk that a variable rate could increase. The Complainants made an informed decision to renew on the basis of the lowest prevailing rate, which was for a variable rate closed mortgage. |
| OMB-20126-1022 | TD Bank Group | Complaint about abrupt cancellation of top-up to line of credit. | None | Complainant wanted details of bank’s cancellation of $200,000 to his secured line of credit. Investigation involving his “regular” bank showed that statements submitted to TD in support of loan did not match the bank records of his “regular” bank. TD acted within its rights to decline to lend further on the basis that proof of income was not satisfactory. |
| OMB-20555-1122 | TD Bank Group | Mortgage/Line of Credit Product complaint | $28,057.80 | Complainants sought clarification/advice regarding the product applied for and approved. The information provided by the Bank was not applicable to the product in question and therefore, recommendation was in favour of the Complainants. |
| OMB-20590-1122 | Bank of Nova Scotia | Alleged that Bank failed to pay insurance owing following spouse’s death. | $984.06 | Bank properly determined that it should not pay insurance claim, based on policy’s wording. However, Complainant would not have taken cash advances following spouse’s death but for bank’s representations that insurance would pay those amounts back – accordingly, it was appropriate for bank to reimburse Complainant for interest on those advances. |
| OMB-20610-1122 | TD Bank Group | Funds were allegedly misplaced during two deposit transactions. | $350.00 | Bank did not follow best practices when processing the Complainant’s deposit, which contributed to confusion resulting in a shortfall in the funds delivered for deposit. |
| OMB-20727-1122 | Bank of Nova Scotia | Mortgage rate held by bank for 5 business days whereas Complainant understood rate to be held for 90 days. | None | Based upon Complainant and bank interviews, as well as review of the documentation and written communication, there is no evidence available to support that the bank offered to hold the rates discussed for 90 days. |
| OMB-20761-1122 | TD Bank Group | Complainant was the victim of a fake crypto currency organization and wanted the bank to reverse the withdrawals. | None | Complainant authorized several transactions between himself and a fake crypto currency organization and wanted the bank to reverse the withdrawals. The Complainant had agreed to the Cardholder Agreement which Terms and Conditions include a reference to being liable for any losses for any transactions or bank account withdrawals. |
| OMB-20841-1122 | TD Bank Group | Mortgage terms were disputed. | None | Complainant claimed that mortgage renewal contained only one of two terms he specified and sought reimbursement of prepayment charge. Advisor and Complainant discussed renewal terms over phone in circumstances that were not optimal; however, Complainant explicitly decided to proceed. Circumstances of call, including Complainant’s admission he was not listening to half of what advisor was telling him resulted in Complainant misapprehending advisor’s information. Complainant signed renewal documents electronically, without reading them, trusting renewal met both requirements. Bank did not mislead Complainant or do anything that would oblige it to reimburse charge. |
| OMB-21223-1222 | TD Bank Group | Mortgage interest rate dispute | $4,600.00 | The Complainant was offered a mortgage rate for a 5-year fixed term and met the conditions under which the rate was guaranteed. Due to bank errors, she ultimately received a higher rate than she was promised, her purchasing power was decreased and her home purchase was delayed. ADRBO recommended that the Bank fully compensate her for the interest differential plus contribute an amount towards her out-of-pocket storage costs as a goodwill gesture. |
| OMB-21227-1222 | Bank of Nova Scotia | Alleged that bank provided misleading information about a mortgage. | $3,379.74 | Although ADRBO was unable to confirm what specifically was discussed between the parties, it was found that there was sufficient evidence to find that it was more likely than not that the Complainants were provided with misleading information regarding their ability to reduce their mortgage payments. As a result, ADRBO found it reasonable for the bank to reimburse the Complainants for the added costs they incurred through moving their mortgage at a date later than they had initally intended. |
| OMB-21390-1222 | TD Bank Group | Requested reimbursement for $15,000 withdrawn due to a scam. | $3,750.00 | The bank contributed to the loss by failing to ask probing questions at the Complainant’s last withdrawal of $5,000. Complainant contributed to the loss by sharing access card number and the one-time account password provided by the bank. |
| OMB-21491-1222 | TD Bank Group | Disputed transfer | None | Complainant activated the account with the credit card and was the primary cardholder. No losses were incurred as a result of the Bank’s action. |
| OMB-21543-1222 | Royal Bank of Canada | Alleged that Bank had not refunded flights that had been cancelled. | Bank presented a goodwill gesture of $500 or 25,000 RBC Travel Points | During the course of the investigation, the Complainant did receive his refund. ADRBO found that the airline was predominantly responsible for the delays that were experienced by the Complainant. However, ADRBO also found that there were some service delays by the bank, which may well have led to this matter taking a longer time to resolve. For that reason, ADRBO spoke with the bank about providing a goodwill gesture to the Complainant. |
| OMB-21594-0123 | Bank of Nova Scotia | Mortgage port was approved at less than full amount. | $10,000.00 | Small farm property purchase appraisal did not include all buildings on property. Property value reduced. Mortgage port was approved at less than full amount. Complainants were not aware prior to entering into purchase contract of the appraisal guidelines. Completing purchase left no money to manage the property and created hardship for Complainants. |
| OMB-21694-0123 | Royal Bank of Canada | Credit card chargebacks to merchant account were questioned. | None | Complainant was the merchant for two credit card transactions. Complainant’s bank account was debited for the two transactions subsequent to delivery of goods. The payments processing agent for merchant accounts is separate from the bank and it was determined this complaint should be directed to the payments processing agent, not the bank. |
| OMB-21695-0123 | TD Bank Group | Complaint that Bank failed to halt Complainant’s wire transfers to fraudsters. | None | The Complainant sent $105,000 in wire transfers to a crytocurrency scheme run by an individual on the internet. She alleged Bank should have halted the suspicious transactions. Bank employees did try to talk Complainant out of making the transfers but did not succeed. The Bank followed all policies and Complainant invested at her own risk. |
| OMB-21707-0123 | Royal Bank of Canada | Bank cannot cancel a preauthorized debit on the Complainant’s account. | None | Having reviewed the documentation dictating the policies and procedures pertaining to preauthorized debits (PADs) provided by both the bank and Payments Canada, it’s clear that there is no avenue for the bank to cancel a PAD that has been established by the payee. The agreement can only conclude if the payee cancels the PAD after being informed to do so by the payor. As a result, ADRBO was unable to identify a bank error in this matter. |
| OMB-21979-0123 | TD Bank Group | Alleged mortgage application process was not followed. | None | Complainants wanted bridge financing to secure a new home while selling their existing one. They were advised verbally they might qualify but were told the Bank needed more info. They waived their financing condition and made a firm offer on a house only to learn later they didn’t qualify. They sought compensation for lost profits because they dropped home price for a quick sale. Mortgage application was never a guarantee and bank has discretion to approve or decline. |
| OMB-22433-0223 | TD Bank Group | TD allegedly did not give correct points credit for a cancelled flight. | None | Prior to the complaint being filed, TD paid the Complainant a goodwill gesture that exceeded the points credit that was owing to the Complainant. |