Fitz Jackson Wins Appeal Bid In Scotiabank Encashment Fee Case

The Court of Appeal has given Opposition Member of Parliament Fitz Jackson permission to contest a November 2024 summary judgment in his legal fight with the Bank of Nova Scotia over encashment fees.

The decision was delivered on Monday. The appellate court also ordered that enforcement of the costs award in favour of the Bank of Nova Scotia be put on hold until the appeal is decided or until the court makes another order.

Jackson said he welcomed the outcome and maintained that the bank should not be allowed to keep applying charges he considers unlawful.

"The ruling today exposed serious errors and breaches in Judge Brown Beckford's ruling, which our legal team highlighted all along the way. This reaffirms my earlier contention that there are very strong grounds for mounting a successful appeal. I am indeed very pleased and encouraged in my efforts to ensure that the banks do not continue to get away with illegal fees and charges, which unfortunately the government has chosen to turn a blind eye to and allow them to continue," he contended.

On November 15, 2024, Supreme Court Judge Justice Cresencia Brown Beckford found that the bank's fee practice did not violate either the Bills of Exchange Act or the Banking Services Act.

Justice Brown Beckford also determined that the bank's ability to impose a charge for the service was still governed by the requirements of the Code of Conduct under the Banking Services Act.