2. Bill Consumer Purchases
[544] Recently the Ontario Court of Appeal has, in Toronto-Dominion Bank v. Di Iorio, 2011
ONCA 792 a paras. 2-3, rejected what seems to be a new ‘money for nothing’ scheme, where the
applicants claimed that documents called “Bill-Consumer Purchases” would discharge a debt:
2 The appellants contend that the motion judge erred by not accepting that
the documents they submitted to the respondent, namely, so-called
"Bill-Consumer Purchases" were legal tender for their debts.
3 We disagree. The appellants' documents have no commercial value
whatsoever. Accordingly, the appellants' debts to T-D Bank remain
unpaid.
[545] The trial judgment is not reported, and the Court of Appeal offers little detail on the
theoretical basis of this scheme. My assumption is that this concept in some manner relates to the
“consumer bills and notes” component of the Bills of Exchange Act, R.S.C. 1985, c. B-4, ss. 188-
192.
[546] A similar scheme may have been in play in Papadopoulos v. Borg, 2009 ABCA 201.
There the court evaluated whether a claim had been proven, when not refuted by affidavit, and
concluded that it:
... appears to be a distorted view of the Bills of Exchange Act. It is, however,
apparent that the documents do not even slightly resemble genuine bills of
exchange. Furthermore, signing for the registered mail that contained the
documents does not amount to an “acceptance” of any legitimate bill of exchange
that might be in the envelope. “Acceptance” in the Bills of Exchange Act is a
technical term, and is not the same as acknowledging physical receipt of the
envelope.
[547] A scheme of this type warranted elevated costs against the OPCA litigant: Ramjohn v.
Rudd, 2007 ABQB 84 at paras. 9-10, 156 A.C.W.S. (3d) 38.