Is a claim for damages against an appellant a debt?

Saskatchewan, Canada


The following excerpt is from Waterloo Mfg. Co., Ltd. v. Allan, 1917 CanLII 207 (SK CA):

With regard to the second contention. The appellant’s counsel contended that, there being no evidence of the damages, the respondent could only base his claim on the evidence showing that appellant promised to pay these charges claimed as damages and the claim thus became a debt, and cited in support of this contention Lloyd v. Ashdown, 8 Sask. L.R. 217; 32 W.L.R. 11, at p. 12, wherein it is stated: If damages become a debt by a judgment, they become a debt equally by agreement between the parties which fixes the amount, and which amount the defendant agrees to pay.

Other Questions


Can a plaintiff combine a claim for debt and one for damages under the Small Debt Procedure? (Saskatchewan, Canada)
Can a landlord continue to claim damages from a tenant for failing to properly handle their security deposit? (Saskatchewan, Canada)
In what circumstances will a landlord who claims to be a tenant be able to claim as landlord of a property where the landlord is not the landlord of the tenant? (Saskatchewan, Canada)
In what circumstances will a plaintiff be able to claim damages from a municipality? (Saskatchewan, Canada)
What are the elements of a punitive damages claim? (Saskatchewan, Canada)
What is the standard of proof required to sustain a claim of suicide in a life insurance claim? (Saskatchewan, Canada)
What is the test for liability for damage caused to a person’s property by workmen who cause damage to the property? (Saskatchewan, Canada)
What is the test for claiming unjust enrichment in the context of a claim made by Alice against her former partner in her name? (Saskatchewan, Canada)
What is the test for determining whether a tenant can claim damages for non-payment of rent? (Saskatchewan, Canada)
What is the test for enforcing a creditor’s obligation to pay a debt in lieu of payment of the debt? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.