I don't see why this is a issue, the check is not money it self, the bank has the money, surely the bank can issue the funds to the correct person.
this post was submitted on 22 Sep 2023
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This seems to be the crux of the issue:
After CBC Toronto contacted TD this week, it offered to issue a new cheque with the condition George sign an indemnity agreement, which means he would be held liable for the money if the original cheque is ever found and cashed by someone else.
George says he declined, and instead offered to sign an agreement that says he'd be liable for $150,000. He says he isn't comfortable with the risk of having to repay the full amount. He also says he's done nothing wrong so shouldn't be the one on the hook.
So it seems that this offer has been made, but on the condition that if the original cheque is ever found and cashed Kavaratzis would be on the hook for it. Kavaratzis contends that that's not fair as he wasn't the one who lost the original.
Kavaratzis should not be liable.
If the original cheque is ever found, and someone else attempts to cash it, that would be fraud. Now that Kavaratzis has requested a new cheque, if the old one ever makes it to their possession and they attempt to cash it, that would also be fraud. We figured this out DECADES ago, that's why cheques have a holding period.
Whoever is cashing the cheque is responsible to make sure it clears before exchanging it for money, and the original cheque should be annulled so it cannot be cashed.
Exactly. I do not understand why this is an issue at all.
I do not understand why this is an issue at all.
TD having to do their job is the issue.
Right, this check is not a bearer bond, its made out to a singular person. There shouldn't be any issue here. It's not 1850 where it takes weeks to verify a check
Nope, it's 2023, where people seem to have forgotten how cheques work.
This is a straightforward administrative problem. TD needs to just do their fucking job.
This is the best summary I could come up with:
Louis Kavaratzis says his retirement plans are ruined after Canada Post misplaced a piece of registered mail that contained a certified cheque for $301,560 — money left for him in his late father's will.
Canada Post didn't answer a list of questions from CBC News, but apologized to the brothers in a statement for the "unfortunate and frustrating delivery experience."
George chose to send the cheque through registered mail because it provides confirmation Canada Post received the item and proof of delivery by requiring a signature by the recipient.
In the village of Ayer's Cliff — nearly 150 kilometres southeast of Montreal — mail is delivered to residents' mailboxes located inside the local post office.
An Aug. 11 letter from George's lawyer to the bank indicates TD couldn't put a stop payment on the cheque and instead asks it to be flagged in case someone else attempts to cash it.
"If the wrong person gets a hold of a cheque there are layers of protection," said Fares, who lectures at Toronto Metropolitan University's Ted Rogers School of Retail Management.
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