Hansen v Felgate
Aaron Hansen
Law Firm / Organization
Self Represented
Donna Hansen
Law Firm / Organization
Self Represented
Nicholas Felgate
Law Firm / Organization
Self Represented
Andrea Felgate
Law Firm / Organization
Self Represented

Key Points:

  • Loan Agreements: In 2019, Aaron and Donna Hansen loaned Nicholas Felgate $20,000 and $70,000 respectively, to be repaid with interest over 36 months.
  • Repayment Issues: Nicholas and Andrea initially made repayments but eventually stopped. The Hansens sought summary judgment to enforce the loan agreements.
  • Defense: Nicholas claimed he lacked the capacity to contract due to psychosis induced by medication for Congenital Adrenal Hyperplasia.

Issues:

  1. Genuine issue requiring a trial.
  2. Capacity to contract.
  3. Andrea Felgate's involvement in the loans.

Decisions:

  1. Capacity:
    • Nicholas: Court found no merit in his incapacity defense. Despite claims of psychosis, no expert medical evidence supported his condition. He understood the loan agreements.
    • Legal Presumption: Adults are presumed capable of contracting unless proven otherwise. Nicholas did not prove incapacity.
  2. Andrea’s Liability:
    • Denied Summary Judgment: Andrea's involvement was limited to receiving loan funds and making some payments. Her liability requires a full trial.

Damages:

  • Nicholas's Liability:
    • Principal: $90,000
    • Interest: $246,236.30 total, minus $15,540 paid, resulting in $230,696.30 owed immediately.

Conclusion:

  • Summary judgment was granted against Nicholas for $230,696.30.
  • Summary judgment was denied against Andrea; her liability will be determined at trial.

 

Court of King's Bench of Alberta
2209 00146
Civil litigation
$ 230,696
Plaintiff