The applicant sought a declaration that $70,500 she advanced to the deceased was a loan payable by his estate, plus interest.
The estate disputed the claim, arguing insufficient corroboration under s. 13 of Ontario's Evidence Act due to lack of written documentation.
The court found sufficient corroboration through affidavit evidence from the deceased's brother and cousin, combined with financial records, concluding that the funds were indeed a loan.
The estate trustee was ordered to repay the loan with interest.
