Canada v. Bernard

Canada v. Bernard

The defendant admitted the contractual indebtedness and default and produced no evidence that the debt was annulled; his subjective belief, based on alleged unreturned calls, did not raise a genuine issue for trial, therefore summary judgment was appropriate and the Plaintiff was entitled to recover the outstanding $12,000 plus contractual pre-judgment interest at 8% and costs, with post-judgment interest under the Interest Act.

Citation
2006 FC 1074
Parties
Plaintiff: Her Majesty the Queen; Defendant: Douglas Bernard
Court
Federal Court
Jurisdiction
Canada
Judgment Date
7 September 2006
Procedural Posture
Summary Judgment Motion Debt Recovery Under Settlement Agreement / Motion for Summary Judgment Prior to Trial
Outcome
Motion for summary judgment granted in favour of the Plaintiff
Legal Topics
Summary Judgment, Advance Payment Program, Compromise Settlement, Interest, Costs
Source Language
English
Civil Contract Debt Collection Administrative Law Summary Judgment Advance Payment Program Compromise Settlement Interest +1 more

Case Brief

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Parties

Her Majesty the Queen

Plaintiff

Douglas Bernard

Defendant

Procedural Posture

Summary Judgment Motion Debt Recovery Under Settlement Agreement / Motion for Summary Judgment Prior to Trial

Legal Issues

  1. 1 Whether there is a genuine issue for trial under Rules 213 and 216 of the Federal Courts Rules
  2. 2 Whether the defendant's subjective belief or silence by the CWB constitutes a defence or amounts to annulment of the debt
  3. 3 Whether the Plaintiff is entitled to recovery of the balance under the Compromise Settlement Agreement and interest and costs

Ratio Decidendi

The defendant admitted the contractual indebtedness and default and produced no evidence that the debt was annulled; his subjective belief, based on alleged unreturned calls, did not raise a genuine issue for trial, therefore summary judgment was appropriate and the Plaintiff was entitled to recover the outstanding $12,000 plus contractual pre-judgment interest at 8% and costs, with post-judgment interest under the Interest Act.

Court Disposition

Motion for summary judgment granted in favour of the Plaintiff

Orders

  • Judgment for the Plaintiff against the Defendant in the amount of $12,000.00
  • Pre-judgment interest at 8.00% per annum from the date of default (1 February 2002) to date of judgment on the amount owing