NOVA SCOTIA COURT OF APPEAL
Citation: Tabensky v. Hope, 2008 NSCA 116
Date: 20081211
Docket: CA 298110
Registry: Halifax
Between:
Marie Tabensky
Appellant
v.
Donald Bernard Hope and Rosamond Hope
Respondents
Judge: The Honourable Justice Fichaud
Appeal Heard: December 11, 2008
Written Judgment: December 18, 2008
Subject: Conveyance of land - Statute of Frauds
Summary: Deed to “Group of Friends”. Grantors signed another agreement identifying the “Group of Friends”. Trial judge ruled the deed and agreement together satisfied the Statute of Frauds.
Issue: Do the deed and agreement together satisfy the Statute of Frauds?
Result: The Statute of Frauds requires a sufficient memorandum signed by the parties to be charged. The memorandum may comprise several documents and need not itself be contractual but must contain the essential terms. Here the deed and agreement were both signed by the parties to be charged and together identified the grantees. The Statute of Frauds was satisfied. Appeal dismissed.
This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 6 pages. |