Bank of Montreal v. Kincade

Bank of Montreal v. Kincade

Non est factum failed because the Request was clear and unambiguous and the defendant was careless in not reading or making reasonable inquiries; carelessness precludes disowning a document so the signed joint and several obligation was enforceable and the defendant is liable for the debt.

Source-derived case information.

Citation
2014 NSSM 50
Parties
Claimant: Bank of Montreal; Defendant: Stephanie Kincade
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 August 2014
Procedural Posture
Small Claims Court Debt/contract / Decision (final Adjudication)
Outcome
Claim allowed. Defendant found liable for $11,283.25; no further interest or costs awarded.
Legal Topics
Non Est Factum, Joint and Several Liability, Contra Proferentum, Contract Interpretation, Liability of Co‑borrower
Source Language
english
Contract Law Consumer Credit Bankruptcy Non Est Factum Joint and Several Liability Contra Proferentum Contract Interpretation Liability of Co‑borrower

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Parties

Bank of Montreal

Claimant

Stephanie Kincade

Defendant

Procedural Posture

Small Claims Court Debt/contract / Decision (final Adjudication)

Legal Issues

  1. 1 Whether the defendant established the defence of non est factum
  2. 2 Whether the Request for Additional Card created joint and several liability
  3. 3 Whether the defendant's carelessness in signing disentitles her to the defence of non est factum

Ratio Decidendi

Non est factum failed because the Request was clear and unambiguous and the defendant was careless in not reading or making reasonable inquiries; carelessness precludes disowning a document so the signed joint and several obligation was enforceable and the defendant is liable for the debt.

Court Disposition

Claim allowed. Defendant found liable for $11,283.25; no further interest or costs awarded.

Orders

  • Defendant Stephanie Kincade to pay Bank of Montreal $11,283.25.
  • No additional interest or costs awarded to the Claimant.