On occasion, we see a defence that goes something like this: "You have a very nice document
stating that I will pay you this or I guarantee that. You have a
very nice signature, under my name, attesting to my agreement to
the terms of your very nice document. However, that is not my
signature and I did not sign this document." If the person truly did not sign the
document, that defence is absolute. In Danos v.
BMW Group Financial Services Canada, a 2014 Ontario Superior Court of
Justice decision, the defendants took this defence to an entirely
new level.
Lease
As the judge put it, husband and wife (the "Couple")
"leased a very lovely vehicle from BMW. No doubt (the
Couple) enjoyed driving it. Unfortunately they allegedly stopped
making the lease payments." BMW seized the vehicle, sold
it on the open market, and suffered a loss of $21,000. BMW then
commenced an action (the "Brampton Action") in Brampton
for the shortfall, presumably in the Superior Court of
