The plaintiff assignee of a credit card receivable brought a motion for summary judgment to recover an outstanding balance exceeding $40,000 arising from a MasterCard account originally issued by MBNA.
The defendant argued the account was used only for corporate purposes and that he acted solely as an officer of a company, asserting that liability should attach to the corporation rather than him personally.
The court held that the defendant personally opened and activated the credit card account, received statements for several years, and never disputed personal liability until the motion.
Applying s. 68 of the Consumer Protection Act and Rule 20.04 of the Rules of Civil Procedure, the court found no genuine issue requiring a trial and rejected the defendant’s credibility.
Summary judgment was granted in favour of the plaintiff for the amount claimed plus prejudgment interest.
