Do emails hold up in small claims?

[talisman]

Early this year me and a girl in BC (I'm in Alberta) agreed through email correspondence that I would free lease my horse to her (where she has the use of my horse, but incurrs all boarding, transportation, farrier and medical costs) I have MANY, multiple emails of her agreeing to incur ALL costs, and not just generally, but mentioning SPECIFIC costs that were later left up to me to cover. I also spoke with her about this matter over the phone several times, and have the long distance phone bills to prove it.

After she paid to have my horse trailered to her stable in BC, she sent him back about a month later but not to Edmonton, which was the agreed place to transport him back to, but to a town a half day's drive away, and just dumped him there without paying the shipper or anything.

I ended up paying close to $1500 in ridiculously high board costs charged per day by the person she decided to leave my horse with, as well as the shipping costs of having to rent a truck and a trailer to go down there to get him myself, and she never returned several expensive items of horse equipment i shipped with him. she said they were stolen, and it wasn't up to her to pay me back...

I'm preparing to attempt to take her to small claims, but wanted to know if the emails would hold up? I have no signed contract, we were going to make one and i made the mistake of sending him before it was signed, i guess...and now she says i have nothing on her. Is this true? Is there anyway to get any of my money back?

 

[Rathi]

I cannot comment about UK law, as I'm sure it differs.

Basically, during the trial/case, your representation would start with something like...... Do you know the email address, blahblah@blah.wherever, if she does agree this is her email, that helps get you a good start.

If the defendant would want to deny the email address, things could get a bit tedious. You would have to "prove" the emails were sent from the defendants computer, prove that she was there, basically...... without a doubt, the judge would have to believe/know the email address was hers, and they could help sway your case a bit.

It's a bit like using postal mail. Yes, I have a letter that came through this post office, on this day, signed by "someone" or someone posing as "someone". I could hve had me wife write the letter, drove to this post office, and mailed it on this day.....

It's hard to prove.....

I could set up a yahoo mail account, and send myself mail all day between my own accounts..... Of course, ips can come into play, but it's still not solid......

 

[NYClex]

eh, by the way, the British might still look upon Canada as something they own, but it surely is Canadian Law that is relevant here, not UK law

 

[Rathi]

lol Not sure where I picked UK up..... hehe