1999 Vol. No.
BETWEEN:
GE CAPITAL CANADA RETAILER FINANCIAL
SERVICES COMPANY
APPELLANT
- and -
IN THE MATTER OF AN APPEAL pursuant to Section 32
of the CONSUMER PROTECTION ACT, R.S.N.S. 1989, c .92
DEFENDANT
Justice Walter R. E. Goodfellow Halifax, Nova Scotia File No. S.H. 159733A
LIBRARY HEADING
Cite as: GE Capital Canada Retailer Financial Services Company (Re),
2000 NSSC 161
DATE HEARD: January 12th, 2000
WRITTEN
DECISION: January 25th, 2000
SUBJECT: Consumer Protection Act - Registration
SUMMARY: GE applied for registration as lender relating to its Esso and Petro Canada credit contracts and cards. Registrar refused registration requiring both Esso and Petro Canada to register separately as lenders and also required changes in application forms for credit, monthly statements and credit cards.
Standard of Review. Question of law whether Esso or Petro Canada were lenders within the Act and standard to be applied one of correctness. Tripartite scheme where GE entered direct credit contract with retailers’ customers and separate contract with retailer are contracts separate and apart from the contract entered into between retailer and customer. Retailer accepts the credit card as plastic money in full satisfaction of indebtedness of its customer and does not extend credit and is therefore not a lender within the Act.
The prime purpose of the Act is disclosure of cost of credit, however, identification of lender an inherent requirement. The Regulation provides the Registrar to prescribe the form for application as a lender. Application form does not require designation of lender and here, the application forms, monthly statements of GE’s Esso and Petro Canada forms make extensive reference to GE. Registrar directed reference on credit card to ownership of the card and provided examples where such identification made by other lenders. Uniform requirement in this area is not a matter subject to judicial review. GE had complied with Esso card which clearly indicated ownership of card by GE and therefore, entitled to be registered as lender with respect to Esso and when GE fulfills the requirement of the Registrar in relation to its Petro Canada card, GE will be entitled to registration as a lender in relation to its Petro Canada card.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS COVER SHEET.