A Vernon seniors centre has responded to a lawsuit filed against it in January by a foundation with the same namesake, denying allegations that it failed to pay back a loan.
The Schubert Foundation Ï㽶ÊÓƵֱ²¥” which conducts one arm of its business under the name Knights of Columbus Ï㽶ÊÓƵֱ²¥” filed a notice of civil claim against the Schubert Centre Society on Jan. 29, looking to recoup a loan of $121,000 that it said it gave the Schubert Centre in 2015, plus interest.
The lawsuit filed in B.C. Supreme Court alleged that the society made its first partial interest payment in 2016 and then made interest payments ranging from $3,300 to $8,700 the following four years. It was alleged that in 2021 the society requested to have its interest payment waived, did not make an interest payment the following year, made an interest payment in 2023 but again did not pay in 2024.
"Despite (the foundation's) demand, the (society) has failed and refused to repay the loan and the outstanding interest, thereby breaching the terms of the agreement and promissory note," the lawsuit stated.
The Schubert Centre Society has now put forward a different version of events.
In a response to the notice of civil claim filed with the courts on March 17, the Schubert Centre acknowledged it had a written agreement to pay back a 2015 loan worth $121,000 with interest accruing at a rate of five per cent per annum. It said the agreement was in place for two years.
However, the seniors centre society says it did not receive the loan.
The society also says did not receive notice in writing that the Knights of Columbus had transferred the loan to the foundation, "and the assignment was made in absolute."
The Schubert Centre denies "each and every allegation of fact" in the notice of civil claim, and is demanding evidence from the foundation to support its claims.
The seniors centre is opposing the granting of all relief sought by the foundation, while denying that the foundation suffered any damages or losses.
"The defendant pleads it did not receive the loan pursuant to the terms of the promissory note," the response states. "In the alternative, the defendant pleads the promissory note is a contingent loan that became payable after the expiry of the two-year term."
The society is calling for the notice of civil claim to be dismissed in its entirety and to be paid costs for the legal action by the foundation.