Lee v. Coastal Ford Sales Ltd. et al. Date:, 2011 BCPC 466

Citation: Lee v. Coastal Ford Sales Ltd. et al. Date: 20110520 2011 BCPC 0466 File No: 10-21918 Registry: North Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA BETWEEN: PONKUM LEE CLAIMANT AND: COASTAL FORD SALES LIMITED DEFENDANT TORONTO DOMINION BANK THIRD PARTY EXCERPTS FROM PROCEEDINGS REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE J. CHALLENGER Appearing on their own behalf: Ponkum Lee Appearing for the Defendant: Gordon Yolland, Company Representative

Place of Hearing: North Vancouver , B.C. Date of Judgment: May 20, 2011 [ 1 ] THE COURT: So I am going to grant you judgment in the amount of $4,000 for the down payment on your car and $3,451.40 for the payments that you made. [ 2 ] Obviously, if the bank were here they could argue that you got some benefit out of driving that car but of course you would have had to have had a car in any event and in all of the circumstances I am content that you receive the full amount.

So I am going to grant you judgment in the amount of $3,451.40 for the payments that you made. [ 3 ] You will also receive $156 filing fees, and $80 service fees, and against the car dealership -- you can tell me if you want this, Mr. Yolland. Do you want your filing and service fees for your third party notice against the bank? No. Okay. So that will be the judgment. [ 4 ] The action against Coastal Ford Sales Ltd. is dismissed. Judgment is against the Toronto Dominion Bank. (REASONS CONCLUDED)