Cleaves v. Sanford, (1983) 59 N.S.R.(2d) 50 (SmCl)

Court:Small Claims Court of Nova Scotia
Case Date:March 08, 1983
Jurisdiction:Nova Scotia
Citations:(1983), 59 N.S.R.(2d) 50 (SmCl)
 
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Cleaves v. Sanford (1983), 59 N.S.R.(2d) 50 (SmCl);

    125 A.P.R. 50

MLB headnote and full text

Cleaves v. Sanford

(SCAR 0266)

Indexed As: Cleaves v. Sanford

Nova Scotia Small Claims Court

Adjudicator W. Bruce Gillis

March 23, 1983.

Summary:

A 17 year old boy brought an action against his mother for delivery of funds held in trust for him. The Nova Scotia Small Claims Court allowed the action.

Courts - Topic 6208

Provincial courts - Nova Scotia - Small Claims Court - Jurisdiction - Monetary limits - A mother held in trust for her son the sums of $1772.91 and 616.18 in two different banks - The son brought an action against his mother for delivery of the funds - The Nova Scotia Small Claims Court allowed the action, treating the claim as two separate claims to bring the boy under the $2000 monetary limit of the court - See paragraphs 24 to 26.

Courts - Topic 6215

Provincial courts - Nova Scotia - Small Claims Court - Minimum age of claimant - The Nova Scotia Small Claims Court held that under s. 17 of the Small Claims Court Act, S.N.S. 1982, c. 16, a sixteen year old person could bring an action without the appointment of a guardian ad litem - See paragraphs 1 to 23.

Cases Noticed:

Saunders v. Vautier (1841), 4 Beav. 115; 49 E.R. 282, appld. [para. 10].

Statutes Noticed:

Age of Majority Act, S.N.S. 1970-71, c. 10 [para. 12].

Civil Procedure Rules (N.S.), rule 6.02(1) [para. 12].

Small Claims Court Act, S.N.S. 1980, c. 16, sect. 13 [para. 25]; sect. 17 [para. 15]; sect. 25 [para. 26].

Small Claims Court Act Regulations, Regulation 7 [para. 16].

Authors and Works Noticed:

Osborne's Law Dictionary [para. 11].

Counsel:

[None disclosed.]

This case was heard on March 8, 1983, at Annapolis Royal, Nova Scotia, before ADJUDICATOR W. BRUCE GILLIS, of the Nova Scotia Small Claims Court, who delivered the following judgment on March 23, 1983:

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