In what circumstances will a summary trial application for debt be dismissed?

British Columbia, Canada


The following excerpt is from Hull Limited v. Vancouver Career College (Burnaby) Inc., 2014 BCSC 277 (CanLII):

In Whitworth v. Frerichs, 2012 BCSC 1554, a summary trial application for debt, the plaintiff alleged that he had made two loans to the defendant husband and wife. The defendant husband disputed one of the loans. Although his wife had signed a promissory note for that loan, the defendant husband had not done so. After reviewing the conflicting evidence, Mr. Justice Jenkins concluded that it was not possible to make the necessary findings of fact and therefore dismissed the plaintiff's summary trial application. In Whitworth, unlike the case at bar, there was no evidence of an acknowledgement of the debt by the defendant contesting the loan.

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