Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

                          Citation: VFC Inc. v.  MacLean, 2009 NSSC 314

 

Date: 20090624

Docket: Pic 309502

Registry: Pictou

 

 

Between:

VFC Inc.

Appellant

v.

 

Robert S. MacLean

Respondent

 

 

LIBRARY HEADING

 

 

Judge:                   The Honourable Justice Douglas L. MacLellan

 

Heard:                  June 24th, 2009, in Antigonish, Nova Scotia

 

Written

Decision:               October 27th, 2009

 

Subject:                Civil Law, Small Claims Appeal

 

Summary:             Claimant sued on conditional sales contract signed between respondent and used car dealer.  Contract indicated on face that payments under contract to be made to claimant and not to the vendor.

 

Section 5(1) of Small Claims Court Act prohibits action in that court if claimant is not original party to the contract.  Adjudicator dismissed claim based on Section 5(1) of the Act.

 

Issue:          Was decision of Small Claims adjudicator correct in his application of Section 5(1) of the Small Claims Court Act.

 


Result:                  Appeal allowed.  Section 5(1) of Act did not prohibit claimant from proceeding in Small Claims Court.  Claimant was party to original contract despite not being a signatory to the contract.  Contract clearly indicated claimant involved in the contract.

 

 

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