Preferred Credit Resources Ltd. v. Morrison

Preferred Credit Resources Ltd. v. Morrison

Adjudicator concluded that despite the literal wording of s.5(1), in the unique facts of this case and consistent with the purposive approach and ability of adjudicators to fill gaps to ensure natural justice, the Small Claims Court has jurisdiction to hear the claim by the corporate assignee and the matter should proceed to hearing.

Citation
2016 NSSM 27
Parties
Claimant: Preferred Credit Resources Limited; Defendant: Michael A. Morrison
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 July 2016
Procedural Posture
Debt Collection (credit Card Debt) / Preliminary Jurisdiction Motion After Election to Transfer to Small Claims Court
Outcome
Adjudicator found Small Claims Court has jurisdiction to hear the matter.
Legal Topics
Jurisdiction, Assignment of Debt, Consent to Jurisdiction, Statutory Interpretation, Adjudicator Discretion
Source Language
English
Civil Procedure Small Claims Court Jurisdiction Contract Law Debt Collection Jurisdiction Assignment of Debt Consent to Jurisdiction Statutory Interpretation +1 more

Case Brief

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Parties

Preferred Credit Resources Limited

Claimant

Michael A. Morrison

Defendant

Procedural Posture

Debt Collection (credit Card Debt) / Preliminary Jurisdiction Motion After Election to Transfer to Small Claims Court

Legal Issues

  1. 1 Whether Small Claims Court has jurisdiction where the claimant is a corporate assignee not an original party to the contract
  2. 2 Whether parties' consent can cure the statutory restriction in s.5(1) of the Small Claims Court Act
  3. 3 Whether adjudicators may fill legislative gaps to effect natural justice and permit the matter to proceed

Ratio Decidendi

Adjudicator concluded that despite the literal wording of s.5(1), in the unique facts of this case and consistent with the purposive approach and ability of adjudicators to fill gaps to ensure natural justice, the Small Claims Court has jurisdiction to hear the claim by the corporate assignee and the matter should proceed to hearing.

Court Disposition

Adjudicator found Small Claims Court has jurisdiction to hear the matter.

Orders

  • Small Claims Court has jurisdiction to hear Preferred Credit Resources Limited v. Morrison.
  • Parties are ordered to contact the Small Claims Court and set the matter down for a hearing.