Merritt v. LeBlanc

Merritt v. LeBlanc

On credibility grounds the Claimant established ownership of Georgia by evidence of arranging purchase, paying veterinary bills and care; Defendant contributed only $250 to purchase and intentionally withheld the dog, constituting conversion; claimant awarded immediate possession, conversion damages ($100) and costs ($230.70), with a $250 set-off resulting in net payment of $80.70 by the Defendant to the Claimant.

Citation
2017 NSSM 72
Parties
Claimant: Kennedy Ellen Merritt; Defendant: Kyle Maddison LeBlanc
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
18 October 2017
Procedural Posture
Small Claims Court / Decision Following Hearing
Outcome
Claimant awarded immediate and permanent possession of the dog Georgia; Defendant liable for conversion and ordered to pay net sum of $80.70 to Claimant.
Legal Topics
Possession of Chattel, Conversion, Damages, Costs, Credibility Assessment
Source Language
English
Property Tort Unjust Enrichment Civil Procedure Possession of Chattel Conversion Damages Costs +1 more

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Parties

Kennedy Ellen Merritt

Claimant

Kyle Maddison LeBlanc

Defendant

Procedural Posture

Small Claims Court / Decision Following Hearing

Legal Issues

  1. 1 Which party entitled to possession of the dog Georgia?
  2. 2 Whether the Defendant committed the tort of conversion
  3. 3 Whether compensation should be awarded for expenses relating to the dog

Ratio Decidendi

On credibility grounds the Claimant established ownership of Georgia by evidence of arranging purchase, paying veterinary bills and care; Defendant contributed only $250 to purchase and intentionally withheld the dog, constituting conversion; claimant awarded immediate possession, conversion damages ($100) and costs ($230.70), with a $250 set-off resulting in net payment of $80.70 by the Defendant to the Claimant.

Court Disposition

Claimant awarded immediate and permanent possession of the dog Georgia; Defendant liable for conversion and ordered to pay net sum of $80.70 to Claimant.

Orders

  • That the Claimant be given immediate and permanent possession of the dog Georgia
  • That the Defendant pay to the Claimant the sum of $80.70