James H. Bennett

The plaintiff, a patron of an adult entertainment club, transferred $13,425 to the defendant, a dancer at the club, over five separate deposits.

The plaintiff claimed the transfers were loans, while the defendant argued they were gifts.

The court applied the principle that money transferred between romantic partners is presumed to be a loan, placing the burden on the recipient to prove it was a gift.

Finding that the defendant failed to meet this burden, the court concluded the transfers were loans and ordered the defendant to repay the full amount.

The plaintiffs, two long-standing members of a scouting organization, brought defamation actions against the defendant, a former director who was removed from his position.

Following his removal, the defendant engaged in a campaign of sending emails and a formal complaint to third parties, falsely accusing the plaintiffs of illegal conduct, bullying, and failing to investigate child abuse.

The court found the statements were defamatory and rejected the defences of justification, qualified privilege, and fair comment, noting the defendant was motivated by malice and a desire for retribution.

The court awarded $35,000 in damages to one plaintiff and $20,000 to the other.