Case Overview:
The case was a summary trial in the Supreme Court of British Columbia. Lisa Elser sought $330,000 plus interest from Jawaid Celani under a written loan agreement. Celani argued that the claim was time-barred, the debt was extinguished through novation, and the proceedings were an abuse of process.

Facts:
In 2019, Elser loaned $330,000 to Celani for business purposes, secured by his share in a Vancouver restaurant. Celani failed to repay beyond initial interest payments. His brother, Anthony Celani, later signed a promissory note for $480,000 but failed to repay. Elser previously obtained judgment against Anthony in Alberta but recovered nothing.

Key Legal Issues:

1. Limitation Period: Celani claimed the suit was barred by the two-year limitation period. The court disagreed, holding that the limitation began when the debt became due in June 2022.

2. Novation: Celani argued that Anthony's promissory note extinguished his liability. The court found no evidence Elser agreed to release Celani from the loan.

3. Abuse of Process: Celani argued that Elser’s separate Alberta action was improper. The court rejected this, finding no misuse of process.

Judgment and Award:
The court awarded Elser $330,000 plus interest under the loan agreement, subject to deductions for prior payments. Costs were granted to Elser on a solicitor-client basis under the loan terms, covering reasonable legal expenses.