Kelly v. Aitkin

Kelly v. Aitkin

The parties' accounts were equally credible and irreconcilable; therefore each party failed to prove their competing claims on a balance of probabilities except that the Claimant proved one day's wage loss from the assault; accordingly the Claimant is awarded $145 plus costs and the Defendant's counterclaim is dismissed; property status quo remains unchanged.

Citation
2012 NSSM 16
Parties
Claimant: Tanya Kelly; Defendant: Christopher Aitken
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 June 2012
Procedural Posture
Small Claims Court Civil Claim Arising From Common Law Relationship (property, Contract and Tort) / Decision Rendered After Hearing
Outcome
Claimant's claim for household expenses and other sums largely dismissed; Claimant awarded $145 for wage loss plus costs of $91.47 (total $236.47); Defendant's counterclaim dismissed; property remains as at separation (status quo).
Legal Topics
Common Law Property Division, Household Expense Contributions, Assault and Wage Loss Damages, Counterclaim for Personal Property, Credibility Assessment, Burden of Proof on Balance of Probabilities, Costs
Source Language
English
Family Law Contract Property Tort Small Claims Common Law Property Division Household Expense Contributions Assault and Wage Loss Damages +4 more

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Parties

Tanya Kelly

Claimant

Christopher Aitken

Defendant

Procedural Posture

Small Claims Court Civil Claim Arising From Common Law Relationship (property, Contract and Tort) / Decision Rendered After Hearing

Legal Issues

  1. 1 What agreement governed the parties' financial relationship when they cohabited?
  2. 2 Whether the Defendant owed half of household expenses or a flat $450/month inclusive of expenses
  3. 3 Whether the Claimant proved entitlement to damages for lost wages arising from the assault

Ratio Decidendi

The parties' accounts were equally credible and irreconcilable; therefore each party failed to prove their competing claims on a balance of probabilities except that the Claimant proved one day's wage loss from the assault; accordingly the Claimant is awarded $145 plus costs and the Defendant's counterclaim is dismissed; property status quo remains unchanged.

Court Disposition

Claimant's claim for household expenses and other sums largely dismissed; Claimant awarded $145 for wage loss plus costs of $91.47 (total $236.47); Defendant's counterclaim dismissed; property remains as at separation (status quo).

Orders

  • Judgment for the Claimant in the amount of 145.00 CAD for wage loss
  • Costs awarded to the Claimant in the amount of 91.47 CAD