What is the test for acknowledging a debt?
Alberta, Canada
The following excerpt is from Swiderski v. Meer, 2003 ABQB 836 (CanLII):
In fact, at paragraph 11 on page 83 I refer to a statement by Lord Justice Fry in Green v. Humphreys, 26 Ch. D. 474 at page 481 as follows: In my view an acknowledgment is an admission by the writer that there is a debt owing by him, either to the receiver of the letter or to some other person on whose behalf the letter is received ... In order to take the case out of the statute, there must upon the fair construction of the letter, read by the light of the surrounding circumstances, be an admission that the writer owes the debt.” (emphasis added)
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