SUPERIOR COURT OF JUSTICE – ONTARIO

COURT FILE NO.: CV-13-478015
DATE: 2014-09-30

BETWEEN:
FRASER SIMPSON, Plaintiff

• and -

INSTITUTE OF CHARTERED ACCOUNTANTS OF ONTARIO et al., Defendants

BEFORE: D.L. CORBETT J.

COUNSEL:
Mr Simpson, self-represented

Amanda McLachlin, for the defendant Global Payments

HEARD: March 24, 2014

ENDORSEMENT

[1] On March 24, 2014, I heard motions for summary judgment brought by Mr Sone, Ms Saber, and Global Payments Direct, Inc. (“Global”). I dismissed the action as against Ms Saber and reserved decision in respect to Mr Sone and Global. Subsequently, on May 6, 2014, I dismissed the action as against Mr Sone. Inadvertently, I did not decide the motion brought by Global, which, as a result, remains for decision. I now dispose of Global`s motion.

[2] I do not repeat, and adopt by reference, the facts set out in my May 6, 2014 endorsement.

[3] Global is responsible for processing transactions between merchants and credit card companies. When it received notice that Mr Sone disputed payment to ICAO, it requested back-up documents from ICAO. Not satisfied with ICAO`s response, Global reversed the charge. It would have been open to ICAO to continue to pursue the matter further with Global, but it chose not to do so. It was entitled to pursue whatever approach to collections was, in its judgment, the most efficacious for it. For its part, Global acted in accordance with its agreements with credit card companies and merchants. It had no contract with Mr Simpson.

[4] I need not decide whether Global could ever owe a duty of care to a third party beneficiary of a credit card transaction, such as Mr Simpson. It is clear that in the circumstances of this case, where ICAO chose to collect the debt from Mr Simpson (as it was entitled to do) rather than to pursue the credit card charge, Global was under no duty to Mr Simpson to do anything further.

[5] This disposes of the case as against Global on the merits. But there is more. As against Global, Mr Simpson`s claim is clearly out of time. The events surrounding the disputed credit card transaction were in 2008. This action was commenced in 2013. The limitations period is two years. The claim is clearly statute-barred.

[6] For these reasons the action is dismissed as against Global, with partial indemnity costs of the action payable by Mr Simpson to Global fixed at $11,000 inclusive, payable forthwith.

[7] For the reasons given in my prior endorsements, my endorsements of February 28, 2014 and May 6, 2014 are varied to add Global to the scope of the prohibition on proceedings by Mr Simpson without leave.

D.L. Corbett J.

Date: September 30, 2014