VALIDITY - Illegal contracts - To commit a legal wrong

Law360 Canada (July 11, 2023, 7:14 AM EDT) -- Trial relating to an alleged debt owed by the Defendant Cano to the Plaintiff Bato. The Plaintiff’s claim was presented as $43,300 USD, or $55,494.72 CDN, and it was necessary to address the issue of the US dollar (USD)/Canadian dollar (CDN) exchange rate. The Plaintiff testified that over the course of two months in 2021, he loaned the Defendant $45,050 USD of which $43,300 USD remained outstanding, and that he had not been repaid any portion of that, despite demand. The Defendant pled that the debt was unenforceable as it was alleged that the contract involved activities that were unlawful. The Defendant testified that the money was to be used for breeding or purchase of “gamefowls” by the Defendant. The Plaintiff argued he did not supply gamefowl to the Defendant but simply loaned money to the Defendant which was not repaid. Furthermore, the Plaintiff was seeking recovery only of the amount of the loan plus interest, and not the profits of any business venture undertaken by the Defendant....
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