Shelley v. King

Shelley v. King

On the balance of probabilities the evidence of transfers, the established schedule of repayments and the creation of two separate lines of credit demonstrated an intention that the $13,000 represented funds loaned to the Defendant; accordingly the Claimant is entitled to judgment for $13,000 plus proven costs of $243.13.

Citation
2009 NSSM 24
Parties
Claimant: William Shelley; Defendant: Vanessa King
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 January 2009
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for the Claimant
Legal Topics
Loan Vs Gift, Repayment Schedule, Preauthorized Payments, Quantification of Debt
Source Language
English
Contract Family Law Debt Recovery Loan Vs Gift Repayment Schedule Preauthorized Payments Quantification of Debt

Case Brief

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Parties

William Shelley

Claimant

Vanessa King

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether transfers from the Claimant to the Defendant were loans or gifts
  2. 2 Whether the Defendant owes $13,000 and costs to the Claimant

Ratio Decidendi

On the balance of probabilities the evidence of transfers, the established schedule of repayments and the creation of two separate lines of credit demonstrated an intention that the $13,000 represented funds loaned to the Defendant; accordingly the Claimant is entitled to judgment for $13,000 plus proven costs of $243.13.

Court Disposition

Judgment for the Claimant

Orders

  • Defendant to pay the Claimant $13000.00
  • Defendant to pay the Claimant's proven costs of $243.13