Unfair Practices

Skymark Finance Corporation v Toraman, 2020 CanLII 51091 (ON SCSM)

[4] For the reasons articulated further below, the issues and my short conclusions, based on the evidence and applying the applicable law and the civil standard of proof (balance of probabilities), follow.

1. Did the salesman engage in unfair practices?

Yes.

2. Is Skymark a bona fide purchaser for value of the contract from Progressive and therefore an innocent party?

No.

3. What is the appropriate remedy?

Rescind the contract.