[Princessa86]

..

[JudyKayTee]

I live in Ontario, and three years ago I dated a guy who gave me $1000 as a gift (he was an accountant and hated that I was paying interest to the bank through overdraft). About six monthes ago I ran into him and he started hounding me for it back. I gave him $50 at this time so now 'owe' him $950. I don't have $950 to give him. He has threatened to take me to small claims court.

Is he able to do to so through the "Ultimate Limitation Period" of 15 years? Or does the 2 year limitation period apply? Because I made a payment within the last year, does the 2 year limitation payment begin again? He has a history of e-mails from me stating that I had intent to pay him back (because he was hounding me and I didn't know what else to do). Can he take me to court? He swears the money was never a gift, so it's his word against mine.

The Statute is from the last activity on the account - which is your payment. That same activity also verified that this was a loan, not a gift - at least the Court usually takes the position that you don't repay a gift, no matter how much pressure the "creditor" puts on you.

By paying him, if you were out of Statute you extended the Statute.

He also has emails from you confirming both the debt and your intention to pay. Your thread indicates you owe him, can he sue you.

I think he has a very good chance of getting a judgment against you.

[Justice Matters]

JudyKayTee's answer was right on the money so the only thing that we will add if your ex sues you is that you have the following two options.

1. You can file a defence arguing the money was a gift and as such is not repayable (although JudyKayTee's counterpoints on this are good and therefore this may not be a successful strategy).

2. You may file a defence acknowledging the debt and propose terms of payment. The Small Claims Court defence form is pre-printed to provide for such an option. If you file such a defence the plaintiff then has twenty days to dispute your payment proposal otherwise it becomes the de facto repayment plan.