N. Marconi

The Royal Bank of Canada sought summary judgment against Karen Lee Kerby for the balance owing on a Visa credit card account.

The court found that Kerby was an Authorized User, not a co-borrower, under the credit card agreement and therefore not personally liable for the debt.

The court distinguished the facts from prior case law and dismissed the balance of the action against Kerby.

The Toronto-Dominion Bank brought a motion for summary judgment against the defendants, specifically Jaskaran Singh Bajwa, based on a guarantee agreement.

The court granted summary judgment, finding no genuine issue requiring a trial as the responding defendant filed no material to support pleaded defences.

However, the court limited the plaintiff's cost recovery to partial indemnity costs, despite contractual agreements for elevated costs, due to concerns about "forum shopping" and the lack of discernible connection between the underlying dispute and the London/Middlesex County venue.

The plaintiff bank brought a motion for summary judgment against the defendant co-applicant for an outstanding credit card balance of $26,067.74.

The defendant argued she never signed the credit card application and that her husband managed the finances.

The court granted summary judgment, finding that under section 68(1) of the Consumer Protection Act, 2002, the defendant was deemed to have entered into the credit agreement by using the card, making her jointly and severally liable for the debt.