Brendan Yiu Bong Wong

The appellant leased a water heater from the respondent.

The respondent proposed an amendment to the rental agreement requiring customers to deal directly with the respondent to terminate the agreement, rather than using an agent.

The appellant sought a declaration that the amendment was invalid under the Consumer Protection Act.

The Court of Appeal held that the amendment did not comply with the Regulation because the right to terminate was not unconditional.

However, the Court upheld the application judge's decision to invoke s. 93(2) of the Act, binding the appellant to the amendment, as the application was brought for a collateral purpose to benefit a competitor and no consumer was prejudiced.

The appellant appealed a motion judge's decision striking out his statement of claim for failing to disclose a reasonable cause of action and dismissing his motion for leave to amend.

The appellant argued he should be allowed to amend his claim to assert negligence against the respondent bank as a guarantor or surety of the corporation's obligations.

The Court of Appeal dismissed the appeal, finding no lis between the appellant and the bank because his obligations were to third parties, not the bank.

Furthermore, the court agreed that the appellant's potential claim was derivative of the corporation's claim and could only be asserted by the corporation.