109829 Canada Inc. v. RBC Financial Services Inc.
The confirmation email's cancellation language was ambiguous and, under contra proferentem, that ambiguity was resolved against the merchant; RBC acted within its authority under the Visa dispute-resolution framework and therefore did not commit conversion by returning the funds to the cardholder, so the claim is dismissed.
- Citation
- 2024 NSSM 46
- Parties
- Claimant: 109829 Canada Inc.; Defendant: RBC Financial Services Inc.
- Court
- Nova Scotia Small Claims Court
- Jurisdiction
- Canada
- Judgment Date
- 4 April 2024
- Procedural Posture
- Small Claims Court / Decision
- Outcome
- Claim dismissed.
- Legal Topics
- Conversion, Cancellation Policy, Chargeback/dispute Resolution, Visa Rules, Contra Proferentem
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
109829 Canada Inc.
Claimant
RBC Financial Services Inc.
Defendant
Procedural Posture
Small Claims Court / Decision
Legal Issues
- 1 Whether RBC committed conversion by debiting the merchant's account following a cardholder dispute
- 2 Whether the resort's cancellation policy entitled the client to a refund (seven days v. eight days)
- 3 Whether RBC acted with lawful authority under the Visa dispute resolution scheme
Ratio Decidendi
The confirmation email's cancellation language was ambiguous and, under contra proferentem, that ambiguity was resolved against the merchant; RBC acted within its authority under the Visa dispute-resolution framework and therefore did not commit conversion by returning the funds to the cardholder, so the claim is dismissed.
Court Disposition
Claim dismissed.
Orders
- Claim dismissed.
Full Case Text
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