The plaintiff brought a motion for summary judgment against the defendants for unpaid invoices.
The corporate defendants consented to judgment, leaving the issue of the personal liability of the sole director, who signed cheques in a trade name that were returned for non-sufficient funds.
The court found the director personally liable under the Bills of Exchange Act because the cheques did not display the name of the legal corporate entity, and signing in a representative capacity using only a trade name does not exempt the signer from personal liability.
Summary judgment was granted against the director for $140,621.52.