Location Accès Crédit Inc./ Acces Credit Leasing Inc. v. Kiley

Location Accès Crédit Inc./ Acces Credit Leasing Inc. v. Kiley

The adjudicator must treat limitation as part of the merits inquiry under s.23(1); the claim was discovered on August 6, 2018 (invoice) and was filed more than two years later (August 7, 2020), so it was statute-barred and quick judgment could not be granted, therefore the claim is dismissed.

Citation
2020 NSSM 26
Parties
CLAIMANT: LOCATION ACCÈS CRÉDIT INC/ ACCES CREDIT LEASING INC; DEFENDANT: ROBERT ANDREW KILEY
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 December 2020
Procedural Posture
Small Claims Court Debt Claim / Quick Judgement Application
Outcome
Quick judgement application denied; claim dismissed.
Legal Topics
Statute of Limitations, Discovery Rule, Quick Judgment, Repossession/return of Vehicle, Post Sale Deficiency, Contractual Interest Rate
Source Language
English
Limitation of Actions Contract Debt Recovery Civil Procedure Interest Statute of Limitations Discovery Rule Quick Judgment +3 more

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Parties

LOCATION ACCÈS CRÉDIT INC/ ACCES CREDIT LEASING INC

CLAIMANT

ROBERT ANDREW KILEY

DEFENDANT

Procedural Posture

Small Claims Court Debt Claim / Quick Judgement Application

Legal Issues

  1. 1 Whether the claim was barred by the Limitation of Actions Act (two year discovery period)
  2. 2 Whether an adjudicator may grant quick judgment when a claim is time-barred
  3. 3 Whether the merits inquiry for quick judgment includes limitation defences

Ratio Decidendi

The adjudicator must treat limitation as part of the merits inquiry under s.23(1); the claim was discovered on August 6, 2018 (invoice) and was filed more than two years later (August 7, 2020), so it was statute-barred and quick judgment could not be granted, therefore the claim is dismissed.

Court Disposition

Quick judgement application denied; claim dismissed.

Orders

  • Quick judgement application denied and claim dismissed.