The appellant appealed a trial judgment holding him personally liable for a $24,824.50 balance on a corporate credit card.
He argued that the absence of a signed credit card agreement precluded personal liability, and that the trial judge erred by allowing the respondent to reopen its case to call him as a witness.
The Divisional Court dismissed the appeal, finding that circumstantial evidence of the appellant activating and using the card was sufficient to establish liability under the terms of the agreement.
The court also held that the trial judge properly exercised his discretion in allowing the respondent to reopen its case and that there was no reasonable apprehension of bias.
