Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
33475
Hardev Kumar v. Royal Bank of Canada
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2010-11-22 | Close file on Leave | |
| 2010-11-15 | Certificate of taxation issued to, L. Brost | |
| 2010-11-12 | Decision on the bill of costs, in the amount of $1,281.08, Reg | |
| 2010-11-12 | Submission of the bill of costs, Reg | |
| 2010-09-01 | Correspondence received from, L. Brost by fax, re.: opposes to the 2e extension of time for filing the response to Bill of Costs to Oct. 31/10 | Royal Bank of Canada |
| 2010-07-28 | Correspondence received from, Hardev Kumar by fax, re.: ask for a 2nd extension of time to file response to Bill of Costs | Hardev Kumar |
| 2010-04-15 | Correspondence received from, L. Brost by fax, re.: consent to the extension of time for filing the response to Bill of Costs to July 30/10 | Royal Bank of Canada |
| 2010-04-13 | Correspondence received from, Hardev Kumar by fax, re.: ask for extension of time to file response to Bill of Costs | Hardev Kumar |
| 2010-04-12 | Bill of costs, Completed on: 2010-04-14 | Royal Bank of Canada |
| 2010-04-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-04-06 | Judgment on leave sent to the parties | |
| 2010-04-01 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M37602, dated August 26, 2009, is dismissed with costs. Dismissed, with costs |
|
| 2010-04-01 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2010-02-15 | Submission of motion to extend time to file and/ or serve the leave application, Bi F Cha | |
| 2010-02-15 | All materials on application for leave submitted to the Judges, Bi F Cha | |
| 2010-01-18 | Book of authorities | Royal Bank of Canada |
| 2010-01-18 | Respondent's response on the application for leave to appeal, Completed on: 2010-01-18 | Royal Bank of Canada |
| 2010-01-08 | Correspondence received from, Lisa Brost from McMillan LLP by fax, re.: is now representing the Royal Bank in this matter | Royal Bank of Canada |
| 2010-01-05 | Correspondence received from, N. Marconi from Lee, Bowden LLP by fax, re.: do not represent the Royal Bank in this matter any longer | Royal Bank of Canada |
| 2009-12-23 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-12-04 | Motion to extend the time to file and or serve the application for leave to appeal, (bookform), Completed on: 2009-12-04 | Hardev Kumar |
| 2009-12-04 | Book of authorities | Hardev Kumar |
| 2009-12-04 | Application for leave to appeal, Completed on: 2009-12-04 | Hardev Kumar |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Kumar, Hardev | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Royal Bank of Canada | Respondent | Active |
Counsel
Party: Kumar, Hardev
This party is not represented by counsel.
Party: Royal Bank of Canada
Counsel
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario
M5J 2T3
Telephone: (416) 865-7186
FAX: (416) 865-7048
Email: lisa.brost@mcmillan.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Charter — Right to life, liberty and security of the person — Action commenced by bank to recover amounts owing by Applicant on credit card accounts — Summary judgment against Applicant granted — Applicant now challenging constitutionality of s. 68 of Consumer Protection Act — Does s. 68 violate Applicant’s right to life, liberty and security of person as guaranteed under s. 7 of Charter to extent that cannot be demonstrably justified in free and democratic society? — If so, is appropriate remedy under subsection 24(1) of Charter declaration that s. 68 is unconstitutional, ultra vires and void? — If so, do s. 13 and/or Part IV of Act apply to credit card transactions at issue, so as to afford Applicant defence to claims against him in that they permit him to avoid charges incurred on cards? — Canadian Charter of Rights and Freedoms, 1982, ss. 7 and 24(1) — Consumer Protection Act, 2002, S.O. 2002, c. 30.
This application arises out of an action commenced by the Bank to recover amounts owing by Kumar on certain credit card accounts. Kumar maintains that he never saw or executed a credit card agreement with the Bank and that he received the cards in question without applying for them. The motions court judge granted summary judgment against Kumar. She held that Kumar did not dispute that he used the cards issued to him and that the charges on the cards were actually incurred. Kumar later brought a motion for an extension of time to appeal the summary judgment. On the motion, Kumar challenged the constitutionality of s. 68 of the Consumer Protection Act. Section 68 provides that a consumer who receives a credit card from an issuer without applying for it or who applies for a card without signing an application form shall be deemed to have entered into a credit agreement with the issuer with respect to the card on first using it. The superior court dismissed Kumar’s motion on the basis that Kumar had used the cards and received the benefit of the transactions that resulted in the charges. The court of appeal denied Kumar leave to appeal.
Lower court rulings
Ontario Superior Court of Justice
Summary judgment against Applicant granted
Divisional Court of Ontario
07-CV-333873 SR, Divisional Court: 17609
See file / voir dossier
Ontario Superior Court of Justice
Motion for extension of time to appeal denied
Court of Appeal for Ontario
M37602
Leave to appeal denied
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available