Coward v. Bowden

Coward v. Bowden

Adjudicator found the defendant more credible, applied Rayner v Smith to conclude most cash advances were gifts or contributions to joint expenses, except a $1,000 advance in March 2017 which was a loan partially repaid leaving $250 owing; accordingly judgment awarded for $250 and each party bears their own costs.

Source-derived case information.

Citation
2017 NSSM 101
Parties
Claimant: Rubin Alexander Coward; Defendant: Angela Denise Bowden
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
18 September 2017
Procedural Posture
Small Claims Court (nova Scotia) / Decision (adjudication)
Outcome
Claim allowed in part; judgment for claimant in the amount of $250.00; each party to bear their own costs.
Legal Topics
Loan Vs Gift, Common Law Relationship Contributions, Credibility Assessment, Quantum of Damages
Source Language
english
Contract Family Law Property Law Loan Vs Gift Common Law Relationship Contributions Credibility Assessment Quantum of Damages

Source-derived case record

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Parties

Rubin Alexander Coward

Claimant

Angela Denise Bowden

Defendant

Procedural Posture

Small Claims Court (nova Scotia) / Decision (adjudication)

Legal Issues

  1. 1 Whether advances were loans or gifts
  2. 2 Whether furniture constituted a gift or repayable property
  3. 3 Whether auto repairs were joint expenses or loans

Ratio Decidendi

Adjudicator found the defendant more credible, applied Rayner v Smith to conclude most cash advances were gifts or contributions to joint expenses, except a $1,000 advance in March 2017 which was a loan partially repaid leaving $250 owing; accordingly judgment awarded for $250 and each party bears their own costs.

Court Disposition

Claim allowed in part; judgment for claimant in the amount of $250.00; each party to bear their own costs.

Orders

  • Judgment for Rubin Alexander Coward against Angela Denise Bowden in the amount of $250.00.
  • Each party shall bear their own costs.