WATCH: Judge rules in favour of BNS in cheque encashment fees case
KINGSTON, Jamaica— The Supreme Court on Friday ruled in favour of Bank of Nova Scotia (BNS) in a lawsuit brought by Member of Parliament for St Catherine Southern Fitz Jackson over the bank charging cheque encashment fees.
Jackson argued through his attorney, Anthony Williams, that the bank had breached the Bills of Exchange Act when it charged him a fee of $385 to encash a cheque valued at $2500 in 2019.
READ: BNS, Jackson head to court over fees
Judge Crescentia Brown Beckford ruled that BNS was allowed to charge the fees according to the Banking Services Act.
“Honourable Crescentia Brown-Beckford delivered the judgment in the case of Mr Fitz Jackson versus Bank of Nova Scotia, and in her judgment she has ruled in favour of Bank of Nova Scotia, with costs being a portion 80-20 in favour of BNS. And so she highlighted certain things in her judgment in relation to whether or not the Bank of Nova Scotia had breached the law in relation to the encashment of cheques and the imposition of bank fees,” said Williams.
“So the real issue in the case was whether or not Bank of Nova Scotia had the authority to impose bank fees. She was of the view that there was some banking code that allowed them,” he added.
The lawyer further expressed that he and his client intend to appeal the decision.
“The ruling is not one that we expected or desired, and having had an initial perusal of the ruling, the arguments put forward in the ruling, and deliberations with the legal team, I am convinced that there are very, very strong grounds of mounting a successful appeal, and as such, that will be done,” Jackson said.
He sought to clarify that his case was not contending all bank fees, only those levied on the encashment of cheques. Jackson, however, took a small victory in his loss, as he said the bank has since ceased charging cheque encashment fees.
“It is of note that the matter before the BNS was not in respect of all banking fees, it was specifically in respect to the cheque encashment fee, which was being levied, and I said have been, because I gather they have now ceased charging the encashment fee. So we can say that there is some margin of success in this matter, in that they have formally terminated the imposition of encashment fees,” the MP said.
