The plaintiff, Royal Bank of Canada, brought a motion for judgment seeking to recover unpaid credit card and overdraft balances, characterizing the debt as fraud to ensure survivability in bankruptcy.
The court granted judgment for the liquidated damages (unpaid credit card and overdraft amounts) but dismissed the claims for fraud and punitive damages, finding insufficient evidence of fraudulent intent and that the request for a fraud declaration was premature.
The court also noted that the action, being for less than $10,000, should have been brought in the Small Claims Court, and consequently, no costs were awarded to the plaintiff.
