L'Heureux v. Purdy

L'Heureux v. Purdy

On the balance of probabilities the adjudicator found the defendants' account more credible and concluded the claimant received $1,300 in August 2007 and subsequent cash payments such that the loan was repaid (save a trivial amount), therefore the claimant's claim for $1,301.31 fails.

Source-derived case information.

Citation
2012 NSSM 22
Parties
Claimant: Andrea L'Heureux; Defendant: Nicole Purdy; Defendant: Dwayne Purdy
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
24 May 2012
Procedural Posture
Small Claims Court / Decision Following Hearing
Outcome
Claim dismissed.
Legal Topics
Loan Repayment, Credibility Assessment, Balance of Probabilities
Source Language
english
Contract Debt Civil Procedure Loan Repayment Credibility Assessment Balance of Probabilities

Source-derived case record

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Parties

Andrea L'Heureux

Claimant

Nicole Purdy

Defendant

Dwayne Purdy

Defendant

Procedural Posture

Small Claims Court / Decision Following Hearing

Legal Issues

  1. 1 Whether the defendants owed the claimant $1,301.31 from a 2007 loan transaction
  2. 2 Whether the claimant received $1,300.00 cash at the time of the transaction in August 2007
  3. 3 Assessment of witness credibility and the application of the balance of probabilities to undocumented cash transactions

Ratio Decidendi

On the balance of probabilities the adjudicator found the defendants' account more credible and concluded the claimant received $1,300 in August 2007 and subsequent cash payments such that the loan was repaid (save a trivial amount), therefore the claimant's claim for $1,301.31 fails.

Court Disposition

Claim dismissed.

Orders

  • Claim dismissed.