Small Claims Decisions

Decision Information

Decision Content

Date Issued: March 20, 2024

File: SC-2023-006490

Type: Small Claims

Civil Resolution Tribunal

Indexed as: Hooper v. Middleton, 2024 BCCRT 290

BETWEEN:

JASON HOOPER

APPLICANT

AND:

ALEXIS MARIA MIDDLETON

 

RESPONDENT

 

REASONS FOR DECISION

Tribunal Member:

Andrea Ritchie, Vice Chair

DECISION

1.      This dispute is about a personal loan. The applicant, Jason Hooper, loaned the respondent, Alexis Maria Middleton, $1,400. The applicant says the respondent has only repaid $100 and still owes him $1,300. He claims that amount.

2.      The respondent admits they owe the applicant $1,300.

3.      The Civil Resolution Tribunal (CRT) has jurisdiction over small claims brought under section 118 of the Civil Resolution Tribunal Act (CRTA). Section 2 of the CRTA says that the CRT’s mandate is to provide dispute resolution services accessibly, quickly, economically, informally, and flexibly. In resolving disputes, the CRT must apply principles of law and fairness. The CRT must also be proportional. Bearing all this in mind, I decided this dispute through the materials before me, though I note the respondent did not provide any documentary evidence or written submissions beyond the Dispute Response. These are the CRT’s formal written reasons.

4.      The applicant loaned the respondent $1,400 on March 1, 2022. A series of text messages show the respondent asking for the loan, the applicant sending the money, and the respondent consistently acknowledging they still owe the applicant money.

5.      The applicant says the respondent paid $100 towards the loan, and the remaining $1,300 is still unpaid. In the Dispute Response, the respondent agrees they owe the applicant $1,300. I order the respondent to pay the applicant the $1,300.

6.      The applicant is entitled to pre-judgment interest under the Court Order Interest Act. Calculated from March 4, 2022, when the respondent initially told the applicant they would repay him, this equals $88.99.

7.      Under section 49 of the CRTA and the CRT rules, I also order the respondent to reimburse the applicant for $125 in paid tribunal fees. The applicant did not claim any dispute-related expenses.

ORDERS

8.      Within 21 days of the date of this decision, I order the respondent to pay the applicant a total of $1,513.99, broken down as follows:

a.    $1,300 in debt,

b.    $88.99 in pre-judgment interest under the Court Order Interest Act, and

c.    $125 in tribunal fees.

9.      The applicant is also entitled to post-judgment interest, as applicable.

10.   This is a validated decision and order. Under section 58.1 of the CRTA, a validated copy of the CRT’s order can be enforced through the Provincial Court of British Columbia. Once filed, a CRT order has the same force and effect as an order of the Provincial Court of British Columbia.

 

 

 

Andrea Ritchie, Vice Chair

 

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