Young v. Jerry Pleasant Developments Limited

Young v. Jerry Pleasant Developments Limited

On the balance of probabilities the court found I Hear Ya Developments Inc. acquired the parties' interest in the excavator based on the payments, acknowledgements (including the October 24, 2016 transfer statement by Jerry Pleasant), subsequent lease documents and conduct of the parties; registration and confusing Bills of Sale from Meridian were insufficient to establish Meridian's or the Defendants' superior title in the absence of Meridian as a party; registration is evidence but not determinative where ownership is contested; therefore I Hear Ya is sole owner and is entitled to delivery or, in default, judgment for fair market value, together with specified damages and costs.

Citation
2018 NSSM 87
Parties
Claimant: JAMES R. YOUNG; Claimant: I HEAR YA DEVELOPMENTS INC.; Defendant: JERRY PLEASANT DEVELOPMENTS LIMITED; Defendant: JERRY PLEASANT
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 March 2018
Procedural Posture
Small Claims / Decision
Outcome
Claim granted in part: I Hear Ya Developments Inc. declared sole owner of the excavator; defendants ordered to deliver the excavator to I Hear Ya; in default I Hear Ya awarded $21,000 against Jerry Pleasant Developments Limited; Jerry Pleasant personally liable for $4,000 for unpaid lease/rental; costs of $453.18...
Legal Topics
Ownership Dispute, Transfer of Title, Lease Financing, Repossession, Nemo Dat, Interpretation of Contract, Recovery of Goods, Costs and Damages
Source Language
English
Property Law Contract Law Commercial Law Motor Vehicle Registration Law Ownership Dispute Transfer of Title Lease Financing Repossession +4 more

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Parties

JAMES R. YOUNG

Claimant

I HEAR YA DEVELOPMENTS INC.

Claimant

JERRY PLEASANT DEVELOPMENTS LIMITED

Defendant

JERRY PLEASANT

Defendant

Procedural Posture

Small Claims / Decision

Legal Issues

  1. 1 Who is the legal owner of the 2007 John Deere excavator serial #FF050DX246202?
  2. 2 If the Claimant is owner, what remedy is appropriate (delivery, recovery order or damages)?
  3. 3 What weight should vehicle registration and Bills of Sale prepared by the financier (Meridian/Roynat) be given?

Ratio Decidendi

On the balance of probabilities the court found I Hear Ya Developments Inc. acquired the parties' interest in the excavator based on the payments, acknowledgements (including the October 24, 2016 transfer statement by Jerry Pleasant), subsequent lease documents and conduct of the parties; registration and confusing Bills of Sale from Meridian were insufficient to establish Meridian's or the Defendants' superior title in the absence of Meridian as a party; registration is evidence but not determinative where ownership is contested; therefore I Hear Ya is sole owner and is entitled to delivery or, in default, judgment for fair market value, together with specified damages and costs.

Court Disposition

Claim granted in part: I Hear Ya Developments Inc. declared sole owner of the excavator; defendants ordered to deliver the excavator to I Hear Ya; in default I Hear Ya awarded $21,000 against Jerry Pleasant Developments Limited; Jerry Pleasant personally liable for $4,000 for unpaid lease/rental; costs of $453.18...

Orders

  • I Hear Ya Developments Inc. is sole owner of 2007 John Deere Excavator serial #FF050DX246202 and Defendants shall forthwith deliver it to I Hear Ya Developments Inc.
  • If the excavator is not delivered, I Hear Ya Developments Inc. shall have judgment against Jerry Pleasant Developments Limited for $21,000.