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Background:
Edward Eng sued Canada Construction Lift (2009) Ltd. (CCL), Sit Kin Cheung, and Gregory Wong for the repayment of a $15,000 loan made in May 2011. Eng claimed he was still owed $10,000 plus 24% compound interest, bringing the total to approximately $238,000 by trial. The case was initially filed in small claims court but was later transferred to the Supreme Court due to jurisdictional limits.
Legal Issues:
Loan Repayment: Whether the $10,000 balance was still owed after a partial repayment of $5,000.
Settlement Agreement: Whether a 2013 settlement covering other disputes also resolved the loan.
Interest Calculation: Whether the 24% interest rate should be compounded or remain simple interest.
Court’s Findings:
The court ruled that the 2013 settlement did not include the loan, making Sit Kin Cheung and Gregory Wong personally liable for repayment.
The interest rate of 24% applied as simple interest, not compound, since the loan agreement lacked explicit language stating otherwise.
Eng was awarded $10,000 plus simple interest at 24% from October 2011 until the judgment date.
Costs and Award:
The defendants were ordered to pay $10,000 plus interest, and were granted costs at Scale B, with calculations to be finalized if disputed.
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Plaintiff
Defendant
Court
Supreme Court of British ColumbiaCase Number
S198188Practice Area
Civil litigationAmount
Not specified/UnspecifiedWinner
PlaintiffTrial Start Date