Campbell v. Asaph

Campbell v. Asaph

Claimant proved work performed and non-receipt of funds; Defendant failed to establish that Claimant was negligent, that the contract allocated risk to Claimant, or that Claimant engaged in willful misconduct; therefore Defendant remains liable for the misdirected e-transfer and must pay the claimed amount.

Citation
2024 NSSM 48
Parties
Claimant: Carl Christopher Campbell; Defendant: Michael Leon Asaph
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
11 June 2024
Procedural Posture
Small Claims / Decision
Outcome
Claim allowed in part; judgment for Claimant in the amount of $2,499.81; no prejudgment interest or costs awarded.
Legal Topics
E Transfer, Electronic Fraud, Contributory Negligence, Standard of Care, Damages
Source Language
English
Contract Tort Negligence Fraud Cybersecurity E Transfer Electronic Fraud Contributory Negligence +2 more

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Parties

Carl Christopher Campbell

Claimant

Michael Leon Asaph

Defendant

Procedural Posture

Small Claims / Decision

Legal Issues

  1. 1 Who bears loss where e-transfer funds are misdirected via scam
  2. 2 Whether claimant was negligent in protecting electronic communications and banking
  3. 3 Whether contributory negligence or contract shifts liability for fraudulent payment instructions

Ratio Decidendi

Claimant proved work performed and non-receipt of funds; Defendant failed to establish that Claimant was negligent, that the contract allocated risk to Claimant, or that Claimant engaged in willful misconduct; therefore Defendant remains liable for the misdirected e-transfer and must pay the claimed amount.

Court Disposition

Claim allowed in part; judgment for Claimant in the amount of $2,499.81; no prejudgment interest or costs awarded.

Orders

  • Defendant to pay Claimant $2,499.81
  • No prejudgment interest awarded