Smith v. Wolfe

Smith v. Wolfe

The Defendant's bankruptcy discharged the ordinary debts in question, and the RESP reimbursement claim is barred by a prior final Family Division order; therefore the Claimant's claims must be dismissed.

Citation
2015 NSSM 40
Parties
Claimant: Kenneth M. Smith; Defendant: Krista M. Wolfe
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 May 2015
Procedural Posture
Small Claims Court / Decision (post Hearing)
Outcome
Claim dismissed
Legal Topics
Discharge of Debts, Guarantor Liability, Registered Education Savings Plan (resp), Res Judicata, Enforceability of Private Agreements
Source Language
English
Bankruptcy Family Law Debt Recovery Property Discharge of Debts Guarantor Liability Registered Education Savings Plan (resp) Res Judicata +1 more

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Parties

Kenneth M. Smith

Claimant

Krista M. Wolfe

Defendant

Procedural Posture

Small Claims Court / Decision (post Hearing)

Legal Issues

  1. 1 Whether debts owed by the Defendant were discharged by her bankruptcy
  2. 2 Whether the Claimant can recover from the Defendant the amount he paid to the bank for a jointly held line of credit
  3. 3 Whether the RESP withdrawal created a repayable debt and whether that claim is barred by a prior Family Division order (res judicata)

Ratio Decidendi

The Defendant's bankruptcy discharged the ordinary debts in question, and the RESP reimbursement claim is barred by a prior final Family Division order; therefore the Claimant's claims must be dismissed.

Court Disposition

Claim dismissed

Orders

  • The claims by the Claimant are dismissed.