The appellant appealed a summary judgment order requiring him to pay $29,437.38 in credit card debt to the respondent bank.
The appellant argued the motion judge erred in applying section 68(1) of the Consumer Protection Act, claiming he never signed an application and only used the card for business purposes.
The Divisional Court dismissed the appeal, finding the motion judge made reasonable factual determinations based on the appellant's own evidence that he applied for and used the card, establishing liability under the Act.