Case information
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42140
Samer Bishay v. Bank of Montreal
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-03-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-02-06 | Correspondence received from, the applicant, Indicating no reply will be filed | Samer Bishay |
| 2026-01-27 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-01-28) | Bank of Montreal |
| 2026-01-27 | Notice of name, (Letter Form), (Printed version filed on 2026-01-28) | Bank of Montreal |
| 2026-01-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2026-01-28, (Printed version filed on 2026-01-28) | Bank of Montreal |
| 2025-12-17 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-12-16 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-12-18) | Samer Bishay |
| 2025-12-16 |
Application for leave to appeal, (Book Form), Missing: - Amended notice of application (Rec 12-22-2025), Completed on: 2025-12-29, (Printed version filed on 2025-12-18) |
Samer Bishay |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Bishay, Samer | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bank of Montreal | Respondent | Active |
Counsel
Party: Bishay, Samer
Counsel
Yin Fung Liu
130 Queens Quay East, Suite 1120
Toronto, Ontario
M5A 0P6
Telephone: (416) 601-6809
Email: ghodder@hwlawyers.ca
Party: Bank of Montreal
Counsel
Aya Schechner
Suite 5300, TD Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7856
Email: ghall@mccarthy.ca
Summary
Keywords
Financial institutions — Banks — Consumer protection — Applicant’s bank giving notice that banking relationship would be terminated and accounts closed — Applicant seeking court order to compel bank to reinstate accounts — Whether having access to a bank account is a protected right under the consumer provisions of the Bank Act — Whether statutory consumer provisions to be interpreted so as not to abrogate common law rights — Whether international law impacts statutory interpretation in this case — Bank Act, S.C. 1991, c. 46, s. 627.17
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Applicant Samer Bishay is a former customer of the respondent Bank of Montreal. In 2024, the Bank notified that it would be terminating their banking relationship and that all of his accounts would be closed as of a specified date.
Mr. Bishay brought an application seeking an order to compel the Bank to reinstate certain of his accounts. The application was dismissed. The Court of Appeal for Ontario dismissed Mr. Bishay’s appeal.
Lower court rulings
Application dismissed
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available