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:
- Kerby’s Liability: Whether she was a co-borrower (liable for the debt) or an Authorized User (not liable).
- 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.