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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