Can a Bank of Montreal cardholder who has exceeded the credit limit on a line of credit (i.e. a co-debt) be held liable for overspending?

Alberta, Canada


The following excerpt is from Royal Bank of Canada v. Sanduga, 2001 ABQB 532 (CanLII):

Bank of Montreal v. Ralph, [1997] A.J. No. 146 (M) also holds that cardholders cannot evade responsibility on the ground that they exceeded the credit limit. Each time that a cardholder uses his card he gets an advance on a line of credit. If he uses the card he cannot later complain that the lender should not have given the advance. Someone who holds a second card on the same account is not a surety in any sense. He is a co-debtor and is liable jointly and severally with the other cardholder.

Other Questions


What is the effect of the strict line of credit for crediting the evidence of respectable persons? (Alberta, Canada)
What is the effect of the death of a limited partner in a limited partnership? (Alberta, Canada)
What is the case law around short limitation periods for a claim under the statute of limitation? (Alberta, Canada)
What is the effect of Rand J. in the Turta case on limitation limitation? (Alberta, Canada)
Does an agent have to be personally liable on a contract where the principal of the contract is not personally liable? (Alberta, Canada)
What is the test for determining the applicable limitation period under a statute of limitation? (Alberta, Canada)
What is the test for determining whether a defendant is liable for any injuries caused or contributed to by their negligence? (Alberta, Canada)
What is the test for an employer to be found liable under the Workplace Liability Act? (Alberta, Canada)
Is a homeowner liable to an employee of an independent contractor who is injured as a result of unsafe procedures used by the contractor? (Alberta, Canada)
What is the limitation period for making a demand promissory note? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.