Reid-Tomlinson v. Reid

Reid-Tomlinson v. Reid

Claimant failed to prove most alleged loans but proved, on balance, she paid directly for construction work on defendant's Jamaican house totalling CAD 11,260.00 (including converted JMD payments), entitling her to restitution for unjust enrichment; remaining loan claims and counterclaim are dismissed.

Citation
2017 NSSM 41
Parties
Claimant: Valerie Reid-Tomlinson; Defendant: Garnet Reid
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 August 2017
Procedural Posture
Small Claims Court / Decision After Hearing
Outcome
Partially successful for claimant: award for unjust enrichment and costs; remainder of claim and counterclaim dismissed.
Legal Topics
Loans, Gifts, Family Contributions, Burden of Proof, Credibility Assessment
Source Language
English
Unjust Enrichment Contract Law Restitution Civil Procedure Evidence Loans Gifts Family Contributions +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Valerie Reid-Tomlinson

Claimant

Garnet Reid

Defendant

Procedural Posture

Small Claims Court / Decision After Hearing

Legal Issues

  1. 1 Whether payments made by claimant to contractors/suppliers for defendant's Jamaican home were loans or gifts
  2. 2 Whether claimant proved entitlement to repayment for alleged loans
  3. 3 Whether unjust enrichment occurred resulting in restitution

Ratio Decidendi

Claimant failed to prove most alleged loans but proved, on balance, she paid directly for construction work on defendant's Jamaican house totalling CAD 11,260.00 (including converted JMD payments), entitling her to restitution for unjust enrichment; remaining loan claims and counterclaim are dismissed.

Court Disposition

Partially successful for claimant: award for unjust enrichment and costs; remainder of claim and counterclaim dismissed.

Orders

  • Claimant awarded CAD 11,260.00 for unjust enrichment payable by Defendant
  • Claimant awarded filing costs of CAD 199.35