Court of Appeal for Ontario

Citation: Royal Bank of Canada v. Petitclerc, 2016 ONCA 716

Date: 2016-09-28

Docket: C61675

Before: Rouleau, Hourigan and Huscroft JJ.A.

Between

Royal Bank of Canada

Plaintiff (Respondent)

and

Douglas Karl Petitclerc and Barbara Fortier

Defendants (Appellant)

Counsel:

Allan Herman, for the appellant

Natalie Marconi, for the respondent

Heard: September 23, 2016

On appeal from the judgment of Justice Kenneth G. Hood of the Superior Court of Justice, dated January 11, 2016.

APPEAL BOOK ENDORSEMENT

[1] The appellant argues that the motion judge erred in his interpretation of the contract and that properly interpreted, the motion judge ought to have concluded that he was an authorized user and is not liable for the charges made.

[2] In our view, the motion judge’s conclusion that the appellant was not an authorized user and was bound by the September 2012 agreement with the bank is a mixed finding of fact and law and is owed deference in this court. The evidence before the motion judge was that the appellant regularly received monthly statements, used the card and made payments of outstanding amounts. This and other evidence amply supported the motion judge’s conclusion. For these reasons, the appeal is dismissed. The respondent is entitled to its costs. These are fixed at $15,000, inclusive of disbursements and applicable taxes.