NOVA SCOTIA COURT OF APPEAL
Citation: Petrochem Valve Inc. v. Crane Supply Ltd., 2005 NSCA 8
Date: 20050119
Docket: CA 227845
Registry: Halifax
Between:
Petrochem Valve Incorporated
Appellant
v.
Crane Supply Limited
Respondent
Judges: Roscoe, Bateman, Saunders, JJ.A.
Appeal Heard: January 19, 2005, in Halifax, Nova Scotia
Written Judgment: January 20, 2005
Held: Appeal is dismissed with costs to the respondent in the amount of $1500 plus disbursements, per reasons for judgment of Roscoe, J.A.; Bateman and Saunders, JJ.A. concurring.
Counsel: Kevin C. MacDonald, for the appellant
Tim Hill, for the respondent
Reasons for judgment:
[1] This is an interlocutory appeal from a decision of Justice Walter Goodfellow dismissing the appellant’s application pursuant to Rule 14.25 to strike out a portion of the respondent’s statement of claim in a sale of goods matter.
[2] While we do not endorse the reasoning of the Chambers judge, we agree with the result. The claim by the plaintiff for damages including the costs incurred in reimbursing its customer for the installation and removal of the allegedly defective valves is not a claim that is obviously unsustainable. (see: Vladi Private Islands Ltd. v. Haase et al. (1990), 96 N.S.R. (2d) 323(C.A.)).
[3] The appeal is dismissed with costs to the respondent in the amount of $1500 plus disbursements.
Roscoe, J.A.
Concurred in:
Bateman, J.A.
Saunders, J.A.