Canada Case Law

Preferred Credit Resources Ltd. v. O’Halloran

Court

Nova Scotia Small Claims Court

Section 5(1) of the Small Claims Court Act bars a corporate claimant that is not an original party to the contract from succeeding on an assigned debt in Small Claims Court; consent of the defendant or procedural transfer does not confer jurisdiction where the statute forbids it; therefore the Court lacks jurisdiction and the claim is dismissed.

Source excerpt

• Small claims court jurisdiction
• Section 5(1) small claims court act
• Assignment of debt
• Consent to jurisdiction
• Transfer of proceedings from supreme court
• Statutory interpretation

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Craigdarloch Holdings Ltd. v. Syscon Justice Systems Canada Ltd.

Court

Supreme Court of British Columbia

Supplementary reasons on costs and counterclaim: the court allowed set-off of the Faulkner debt, set aside prior interest on that sum, and fixed costs between the parties.

• Quantum meruit
• Set-off of assigned debt
• Pre-judgment interest
• Costs assessment and scales
• Sanderson and bullock orders
• Jurisdiction to revisit judgment prior to order entry

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