Sandeson v. Zinck-Selig

Claimant failed to prove on the balance of probabilities that the defendant took all of the missing items; the defendant admitted taking specific items but had no legal right to take them; therefore the court awards damages limited to items the defendant admitted taking and awards costs, resulting in a partial judgment for the claimant.

Citation: 2018 NSSM 20
Parties: Claimant: William Michael Sandeson; Defendant: Dylan Zinck-Selig
Court: Nova Scotia Small Claims Court
Jurisdiction: Canada
Judgment Date: 17 April 2018
Procedural Posture: Small Claims Court / Decision
Outcome: Judgment for claimant in part
Legal Topics: Conversion, Damages, Burden of Proof, Access to Property, Costs
Source Language: English

Civil Procedure Property Tort Evidence Conversion Damages Burden of Proof Access to Property +1 more

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Full judgment text Legal principles 4 Party arguments 2 Amounts and remedies 4

Parties

William Michael Sandeson

Claimant

Dylan Zinck-Selig

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

1 Whether defendant is liable for conversion of claimant's property
2 Whether claimant proved on the balance of probabilities that the defendant took the missing items
3 Whether the defendant had any legal right to take claimant's property as compensation

Ratio Decidendi

Court Disposition

Judgment for claimant in part

Orders

Defendant to pay claimant $500.00 for damages
Defendant to pay claimant costs of $99.70 and process serving fees of $99.75 (total costs $199.45)