Dorey v. Rose

Dorey v. Rose

The claimant failed to discharge the onus of proof on a balance of probabilities to show the defendant converted the property; corroborating witness evidence supported the defendant's account sufficiently that the claim must be dismissed.

Citation
2020 NSSM 14
Parties
Claimant: Kevin Brian Dorey; Defendant: Sarah Ann Rose
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 January 2020
Procedural Posture
Small Claims Court / Decision (trial)
Outcome
Claim dismissed
Legal Topics
Conversion, Possession, Credibility, Balance of Probabilities, Damages, Exclusive Possession Order
Source Language
English
Tort Property Family Law Civil Procedure Small Claims Conversion Possession Credibility +3 more

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Parties

Kevin Brian Dorey

Claimant

Sarah Ann Rose

Defendant

Procedural Posture

Small Claims Court / Decision (trial)

Legal Issues

  1. 1 Whether the defendant committed the tort of conversion by removing or allowing removal of the claimant's property while in exclusive possession
  2. 2 Whether the claimant proved on a balance of probabilities that the listed items were in the home and were taken during the defendant's possession
  3. 3 Assessment of credibility of conflicting interested witnesses and corroboration by an independent witness

Ratio Decidendi

The claimant failed to discharge the onus of proof on a balance of probabilities to show the defendant converted the property; corroborating witness evidence supported the defendant's account sufficiently that the claim must be dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed.