CITATION: Toyota Credit Canada Inc. v. Fan, 2018 ONSC 5429
DIVISIONAL COURT FILE NO.: 077/18 DATE: 20180914
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BETWEEN:
TOYOTA CREDIT CANADA INC. carrying on business as Toyota Financial Service
Samil Chagpar, for the Plaintiff/Respondent in Appeal
Plaintiff/Respondent in Appeal
– and –
FANG FAN also known as FRANK FAN
Fang Fan, also known as Frank Fan, acting in person
Defendant/Appellant in Appeal
HEARD at Toronto: September 14, 2018
CONWAY J. (Orally)
[1] Fang Fan, also known as Frank Fan, appeals the judgment of Deputy Judge Gannage dated January 16, 2018, in which Mr. Fan was ordered to pay Toyota Credit Canada Inc., carrying on business as Toyota Financial Service (“Toyota Credit”) the sum of $16,215.95 plus $4,500 in costs.
[2] The trial concerned a vehicle lease agreement. Mr. Fan leased a 2016 Lexus ES350 from Toyota Credit pursuant to a 4 year lease agreement dated January 23, 2016. The lease agreement was prepared by the dealer and then assigned to Toyota Credit. He returned the car early, within 7 or 8 months. Toyota Credit relied on the early termination clause of the lease agreement, requiring Mr. Fan to pay the difference between the equity available in the car and the payments made by him, namely $16,215.95.
[3] The sole issue at trial was whether Mr. Fan had actually executed the lease agreement and agreed to the early termination clause. The lease agreement contained a signature by the lessee, in multiple spots. Mr. Fan admitted that his signature as lessee appeared on the lease agreement and that it matched his signature on the dealer’s internal documents. However, he testified that he had not actually signed the lease agreement. He further testified that he had an oral agreement with Eric Kuo, a Lexus consultant, that Mr. Fan would not have to pay any penalty if he returned the car early. Mr. Kuo did not testify at trial.
[4] The Deputy Judge carefully considered all of the documentary and oral evidence and concluded that Toyota Credit had established, on a balance of probabilities, that the signature that appeared on the lease agreement was indeed Mr. Fan’s signature and that he was responsible for the early termination payment.
[5] This was strictly a factual finding. The Deputy Judge weighed the evidence and made credibility determinations as between Mr. Fan and Toyota Credit’s witness. His factual findings are entitled to deference. The fact that the Deputy Judge preferred Toyota Credit’s evidence to that of Mr. Fan does not raise any palpable and overriding error warranting appellate intervention.
[6] The appeal is dismissed.
[7] I have endorsed the Appeal Book and Compendium as follows: “For oral reasons delivered in court today, the appeal is dismissed. Costs of the appeal are payable by Mr. Fan to Toyota Credit in the amount of $4,500, all inclusive, such amount to be payable from the funds paid into court by Mr. Fan as security for costs, with the balance to be returned to him. Approval of the order as to form and content by Mr. Fan is dispensed with. Order to go as signed by me.”
___________________________ CONWAY J.
Date of Reasons for Judgment: September 14, 2018
Date of Release: September 17, 2018
CITATION: Toyota Credit Canada Inc. v. Fan, 2018 ONSC 5429
DIVISIONAL COURT FILE NO.: 077/18 DATE: 20180914
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
TOYOTA CREDIT CANADA INC. carrying on business as Toyota Financial Service
Plaintiff/Respondent in Appeal
– and –
FANG FAN also known as FRANK FAN
Defendant/Appellant in Appeal
ORAL REASONS FOR JUDGMENT
CONWAY J.
Date of Reasons for Judgment: September 14, 2018
Date of Release: September 17, 2018