Mardian v. Benoit
On the balance of probabilities the court found that the donor intended to make a permanent inter vivos gift and that delivery occurred on October 2, 2016; therefore legal title passed to the donee and the claimant's claim failed.
- Citation
- 2017 NSSM 74
- Parties
- Claimant: Ceanna Mardian; Defendant: Sherri Benoit
- Court
- Nova Scotia Small Claims Court
- Jurisdiction
- Canada
- Judgment Date
- 5 July 2017
- Procedural Posture
- Small Claims Court / Decision
- Outcome
- Claim dismissed
- Legal Topics
- Inter Vivos Gift, Intention to Gift, Delivery of Gift, Ownership of Personal Property, Standard of Proof (balance of Probabilities), Credibility of Witnesses
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2
Parties
Ceanna Mardian
Claimant
Sherri Benoit
Defendant
Procedural Posture
Small Claims Court / Decision
Legal Issues
- 1 Whether the dog 'Krew' was validly gifted to the defendant
- 2 Whether the donor had the requisite intention to make an inter vivos gift
- 3 Whether delivery of the dog to the donee was effective
Ratio Decidendi
On the balance of probabilities the court found that the donor intended to make a permanent inter vivos gift and that delivery occurred on October 2, 2016; therefore legal title passed to the donee and the claimant's claim failed.
Court Disposition
Claim dismissed
Orders
- Claim dismissed without costs to any party.
Full Case Text
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