Vincent v. Rose

Vincent v. Rose

Adjudicator found claimant credible and that the parties settled the dispute by the $25,000 collateral mortgage and transfer, and under the Small Claims Court Act ordered delivery of the claimant's specified personal property and dismissed the claim for money; costs awarded to claimant.

Citation
2015 NSSM 32
Parties
Claimant: Arline Patricia Vincent; Defendant: Clarence Leroy Rose
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 August 2015
Procedural Posture
Small Claims Court / Decision
Outcome
Claimant's request for delivery of specified personal property granted; claim for monetary relief dismissed; costs awarded to claimant.
Legal Topics
Delivery of Personal Property, Settlement Agreement, Collateral Mortgage, Possession, Costs
Source Language
English
Property Law Contract Family Law Civil Procedure Delivery of Personal Property Settlement Agreement Collateral Mortgage Possession +1 more

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Parties

Arline Patricia Vincent

Claimant

Clarence Leroy Rose

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the defendant must deliver specified personal property to the claimant
  2. 2 Whether the defendant retained a valid outstanding claim for an additional $25,000 after execution of quit claim deed and collateral mortgage
  3. 3 Whether the claimant is entitled to monetary compensation for items if delivery is not possible

Ratio Decidendi

Adjudicator found claimant credible and that the parties settled the dispute by the $25,000 collateral mortgage and transfer, and under the Small Claims Court Act ordered delivery of the claimant's specified personal property and dismissed the claim for money; costs awarded to claimant.

Court Disposition

Claimant's request for delivery of specified personal property granted; claim for monetary relief dismissed; costs awarded to claimant.

Orders

  • Defendant shall deliver to the claimant the following personal property: Ted Petrie Hutch/original; Ted Petrie four poster bed/mattress original; Ted Petrie dresser/original; Sodi glass table[4] custom design; 1 Diana Art chair; Ferretti leather sofa [eggplant]; Ferretti leather ottoman [2] [eggplant]; Ferretti...
  • Defendant shall pay costs to the claimant of $199.40.