Schmidt v. Holloway, (2015) 464 Sask.R. 303 (QB)

• Judge: R.S. Smith, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 06, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 464 Sask.R. 303 (QB);2015 SKQB 4

Schmidt v. Holloway (2015), 464 Sask.R. 303 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JA.035

Sherry Schmidt (plaintiff) v. Robert Holloway (defendant)

(2013 QBG No. 261; 2015 SKQB 4)

Indexed As: Schmidt v. Holloway

Saskatchewan Court of Queen's Bench

Judicial Centre of Battleford

R.S. Smith, J.

January 6, 2015.

Summary:

On August 13, 2013, the plaintiff sued the defendant on a promissory note executed on November 19, 2007, in the face amount of $30,000. The note was payable by installments with the first one due on January 31, 2008. The plaintiff sought summary judgment for the full amount owing, $50,000. The defendant asserted that the claim was statute-barred.

The Saskatchewan Court of Queen's Bench held that any installments that fell due prior to August 13, 2011, were outside of the limitation period and were barred. Any amount owing after August 13, 2011, was not barred. As the defendant had defaulted, the plaintiff could demand that the full amount owing after August 13, 2011, was immediately due and payable. Plaintiff's counsel was directed to make a judgment calculation.

Limitation of Actions - Topic 2052

Actions in contract - Actions for debt - When time begins to run - On August 13, 2013, the plaintiff sued the defendant on a promissory note executed on November 19, 2007, in the face amount of $30,000 - The note was payable by installments with the first one due on January 31, 2008 - The plaintiff sought summary judgment for the full amount owing, $50,000 - The defendant asserted that the claim was statute-barred - The Saskatchewan Court of Queen's Bench found that the note was an installment note under which, if an installment payment was missed, the plaintiff could demand payment of the full amount - The two year limitation period began to run at the time of default in January 2008 - However, the two year period applied to each installment - Any installments that fell due prior to August 13, 2011, were outside of the limitation period and were barred - Any amount owing after August 13, 2011, was not barred - As the defendant had defaulted, the plaintiff could demand that the full amount owing after August 13, 2011, was immediately due and payable - Plaintiff's counsel was directed to make a judgment calculation.

Limitation of Actions - Topic 2407

Actions in contract - Actions on negotiable instruments - Installment notes - [See Limitation of Actions - Topic 2052 ].

Cases Noticed:

Olesen v. Hrenyk (2013), 418 Sask.R. 308; 2013 SKPC 69, refd to. [para. 11].

Counsel:

Robert F. Feist, for the plaintiff;

Robert Holloway, on his own behalf.

This application was heard by R.S. Smith, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Battleford, who delivered the following judgment on January 6, 2015.