Can a credit/debit card holder withhold consent from a creditor without obtaining written consent?

Ontario, Canada


The following excerpt is from Quickie Convenience Stores Corp. v. Parkland Fuel Corporation, 2020 ONCA 453 (CanLII):

The credit/debit card agreements contained a clause that simply said that the appellant could not assign the agreement without prior written consent. The respondent submits that, absent an express provision in the credit/debit card agreements providing that consent cannot be unreasonably withheld, the respondent was entitled to withhold its consent in this case. The appellant submits that the prohibition against withholding consent unreasonably should be implied into the credit/debit card agreements on the principles of good faith bargaining, as set out in Bhasin v. Hrynew, 2014 SCC 71, [2014] 3 S.C.R. 494.

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