A Vancouver woman sued by a couple who lent her money has been forced to repay the debt after she said she left an envelope stuffed with cash in their barbecue.
In his Feb. 20 decision, B.C.’s Civil Resolution Tribunal member Christopher Rivers said James Carl King loaned Teresa Joy Henry $1,650.
King said Henry signed a promissory note requiring repayment of the loan’s balance, interest-free, by June 30, 2021. King said he still hasn't received the money.
According to the decision, Henry claimed to have paid the applicant back on June 5, 2021, by putting $1,650 in cash into an envelope and leaving it in the applicant’s barbecue.
Henry asked for the claim to be dismissed.
Both sides explained that King helped manage the Henry’s rental property and regularly collected rent on their behalf.
King acknowledged that, from time to time, he would give instructions to Henry to put rent money in an agreed-upon location in his backyard.
“He says he gave these instructions on a case-by-case basis when he would call or text with (Henry),” Rivers said. “He says that did not happen here.”
King told Rivers the first time he heard the June 5 date was when Henry filed their dispute response.
Rivers found the promissory note proved the loan, which shifted the burden in the case to Henry to prove the repayment.
“Since they have not met that burden, I find the respondent owes the applicant the loan’s full amount,” Rivers said.
