Habib v. McCarthy

Habib v. McCarthy

On the balance of probabilities the claimant failed to prove he personally advanced a legally enforceable loan of the claimed amount to either defendant; evidence showed transfers were related to business operations and Hornsby provided an alternative explanation (vehicle sales and existing funds), there was no...

Source-derived case information.

Citation
2025 NSSM 76
Parties
Claimant: Michel F. Habib; Defendant: Chasitie Ann McCarthy; Defendant: Josh Hornsby
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 November 2025
Procedural Posture
Small Claims Court / Final Decision
Outcome
Claim dismissed without costs to either party.
Legal Topics
Loan Repayment, Oral Agreement, Enforceability, Evidence, Intention to Create Legal Relations
Source Language
english
Debt Recovery Contract Unjust Enrichment Property Loan Repayment Oral Agreement Enforceability Evidence +1 more

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Summary, issues, holding and outcome

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Parties

Michel F. Habib

Claimant

Chasitie Ann McCarthy

Defendant

Josh Hornsby

Defendant

Procedural Posture

Small Claims Court / Final Decision

Legal Issues

  1. 1 Whether claimant established existence of a personal loan owed by defendants
  2. 2 Whether defendants are personally liable to repay funds transferred in relation to business operations
  3. 3 Whether there was mutual intention to create legally binding personal debt

Ratio Decidendi

On the balance of probabilities the claimant failed to prove he personally advanced a legally enforceable loan of the claimed amount to either defendant; evidence showed transfers were related to business operations and Hornsby provided an alternative explanation (vehicle sales and existing funds), there was no written agreement or clear mutual intention to create a personal debt, therefore the claim is dismissed.

Court Disposition

Claim dismissed without costs to either party.

Orders

  • Claim dismissed without costs to either party.