MacDonald v. Brufatto

MacDonald v. Brufatto

The Court ordered immediate retrieval of the Claimant's acknowledged personal property and set a specific time for collection; directed the Defendant to deliver vehicle ownership documents and keys and required the Claimant to remove the vehicle within 30 days or accept reversion of title and pay $500; declared absolute title to the slip-on camper in favour of the Defendant; the Court reserved jurisdiction over any remaining issues in the counterclaim and admonished that retaining personal property as ransom is unlawful.

Citation
2019 NSSM 78
Parties
Claimant; Defendant by Counterclaim: Scott MacDonald; Defendant; Claimant by Counterclaim: Judy Brufatto
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 June 2019
Procedural Posture
Small Claims Court Claim and Counterclaim Arising From Common Law Relationship / Interim Decision and Order Following Hearings Held March 6 and June 5, 2019
Outcome
Interim order: Claimant permitted to retrieve personal property; Defendant to deliver vehicle documents and keys; Claimant to remove vehicle within 30 days or ownership reverts to Defendant with $500 payable; title to slip-on camper awarded to Defendant; remaining counterclaim matters reserved for further...
Legal Topics
Division of Personal Property, Possession and Retrieval of Chattels, Conversion/detinue, Interim Court Orders, Title to Chattels, Jurisdictional Limits of Small Claims Court
Source Language
English
Family Law Property Law Civil Procedure Small Claims Division of Personal Property Possession and Retrieval of Chattels Conversion/detinue Interim Court Orders +2 more

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Parties

Scott MacDonald

Claimant; Defendant by Counterclaim

Judy Brufatto

Defendant; Claimant by Counterclaim

Procedural Posture

Small Claims Court Claim and Counterclaim Arising From Common Law Relationship / Interim Decision and Order Following Hearings Held March 6 and June 5, 2019

Legal Issues

  1. 1 Whether the Claimant is entitled to immediate return of personal property located at Defendant's residence
  2. 2 Whether the Defendant may retain Claimant's property as security for alleged debts/expenses
  3. 3 Determination of ownership/title of a slip-on camper trailer

Ratio Decidendi

The Court ordered immediate retrieval of the Claimant's acknowledged personal property and set a specific time for collection; directed the Defendant to deliver vehicle ownership documents and keys and required the Claimant to remove the vehicle within 30 days or accept reversion of title and pay $500; declared absolute title to the slip-on camper in favour of the Defendant; the Court reserved jurisdiction over any remaining issues in the counterclaim and admonished that retaining personal property as ransom is unlawful.

Court Disposition

Interim order: Claimant permitted to retrieve personal property; Defendant to deliver vehicle documents and keys; Claimant to remove vehicle within 30 days or ownership reverts to Defendant with $500 payable; title to slip-on camper awarded to Defendant; remaining counterclaim matters reserved for further...

Orders

  • Claimant shall attend at Defendant's residence on June 16, 2019 at 2:00 pm to recover remaining personal property listed in Exhibit C-1; Defendant shall make those items available; no entry into residence/garage without Defendant's express permission.
  • Defendant shall deliver to Claimant on June 16, 2019 at 2:00 pm the original Certificate of Registration, Permit and keys for the automobile located on Defendant's property.