Royal Bank of Canada v. Karen Lee Kerby
ROYAL BANK OF CANADA
Law Firm / Organization
Not Specified
Lawyer(s)

N. Marconi

KAREN LEE KERBY
Law Firm / Organization
Not Specified
Lawyer(s)

D. Mazzorato

Claim: RBC sought $56,641.35 (plus interest) from Kerby for Visa credit card debt.

Key Facts:

  • The Visa account was originally opened by Kerby’s husband (RK) under the RBC Credit Card Agreement (CC Agreement).
  • Kerby received and used a secondary card but claimed it was issued without her knowledge or consent.
  • The credit card statements addressed Kerby as "Co-Applicant," but this term was undefined in the CC Agreement.
  • Kerby asserted she was an Authorized User, not a co-borrower, and therefore not liable for the debt.

Legal Issues:

  1. Kerby’s Liability: Whether she was a co-borrower (liable for the debt) or an Authorized User (not liable).
  2. Summary Judgment: RBC sought judgment without trial; Kerby counterclaimed for dismissal of the action.

Court’s Analysis:

  • The CC Agreement differentiated co-borrowers (liable) from Authorized Users (not liable).
  • Evidence showed Kerby had no involvement in applying for or managing the account.
  • RBC failed to prove Kerby consented to credit limit increases, a requirement for co-borrowers.
  • Use of the card by Kerby, while binding her to its terms, did not imply she was a co-borrower.

Decision:

  • Kerby was found to be an Authorized User.
  • RBC's claim was dismissed. No monetary award was granted.
  • The court encouraged parties to resolve costs amicably, with submissions allowed if unresolved.
Superior Court of Justice - Ontario
CV-24-1010
Banking/Finance
Defendant