The Canadian Abridgment eDigests -- ContractsJune 28th, 2021
FiledJune 28th, 2021Defendants entered into conditional sales agreement for sale of used vehicle -- Defendants failed to make any payments other than initial down payment -- Agreement provided that on default, plaintiff may accelerate all amounts due under agreement, and such amounts were due and payable immediately -- Plaintiff had not been able to obtain possession of vehicle, and it did not know vehicle’s whereabouts -- Defendant A filed for bankruptcy, and defendant S, A’s mother, claimed she was victim of fraud by her friend’s grandson N, she was pressured into signing agreement by N, and she did not understand nature of forms -- S relied on defences of duress and non est factum -- Plaintiff brought motion for summary judgment seeking $60,671.95, outstanding amount owing for vehicle -- Motion granted -- Based on evidence, S’s assertion that she was forced to sign documentation was not accepted, as this claim was merely bald assertion in her affidavit without any meaningful support -- Nothing would in