Customer First Financing v. MacArthur

Customer First Financing v. MacArthur

The promissory note and loan documentation were properly executed and unambiguous, the Defendant provided no admissible evidence of actionable misrepresentation or enforceable oral modification, repossession and resale were lawful and resale proceeds were credited, therefore the claimant is entitled to judgment for the calculated deficiency of $15,909.55.

Citation
2007 NSSM 67
Parties
Claimant: Customer First Financing; Defendant: Greg MacArthur
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
2 November 2007
Procedural Posture
Small Claims Court / Judgment (decision Rendered November 2, 2007)
Outcome
Judgment for claimant in the amount of $15,909.55
Legal Topics
Promissory Note, Enforcement of Loan Agreement, Repossession and Sale, Misrepresentation, Calculation of Deficiency Judgment
Source Language
English
Contract Debt Recovery Repossession Consumer Protection Promissory Note Enforcement of Loan Agreement Repossession and Sale Misrepresentation +1 more

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Parties

Customer First Financing

Claimant

Greg MacArthur

Defendant

Procedural Posture

Small Claims Court / Judgment (decision Rendered November 2, 2007)

Legal Issues

  1. 1 Enforceability of promissory note
  2. 2 Alleged misrepresentations by broker
  3. 3 Lawfulness of repossession and sale

Ratio Decidendi

The promissory note and loan documentation were properly executed and unambiguous, the Defendant provided no admissible evidence of actionable misrepresentation or enforceable oral modification, repossession and resale were lawful and resale proceeds were credited, therefore the claimant is entitled to judgment for the calculated deficiency of $15,909.55.

Court Disposition

Judgment for claimant in the amount of $15,909.55

Orders

  • Judgment awarded to Customer First Financing against Greg MacArthur in the amount of $15,909.55