Money Pros v. Grant

Money Pros v. Grant

The claim was dismissed because the claimant failed to prove the loan document was properly signed by the defendant and failed to prove it was the lawful assignee or purchaser of the note; consequently the claimant lacked standing and did not establish entitlement, also offending s.5(1) of the Small Claims Court Act.

Citation
2004 NSSM 40
Parties
Claimant: The Money Pros; Defendant: Alfred A. Grant
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
3 May 2004
Procedural Posture
Small Claims Debt / Adjudication/decision
Outcome
Claim dismissed
Legal Topics
Assignment of Debt, Standing, Evidence, Small Claims Act S.5(1)
Source Language
English
Contract Civil Procedure Debt Recovery Assignment of Debt Standing Evidence Small Claims Act S.5(1)

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Parties

The Money Pros

Claimant

Alfred A. Grant

Defendant

Procedural Posture

Small Claims Debt / Adjudication/decision

Legal Issues

  1. 1 Whether the claimant established entitlement to monies under the alleged loan
  2. 2 Whether the claimant has standing as assignee/purchaser of the note
  3. 3 Whether the signature and document authenticate the defendant's obligation

Ratio Decidendi

The claim was dismissed because the claimant failed to prove the loan document was properly signed by the defendant and failed to prove it was the lawful assignee or purchaser of the note; consequently the claimant lacked standing and did not establish entitlement, also offending s.5(1) of the Small Claims Court Act.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed