Court of Appeal

CASE NO.                                         VOL. NO.                               PAGE

Cite as: MCP Generating Equipment Ltd. v. Prime Material Handling Equipment Ltd.,

1997 NSCA 156

MCP GENERATING EQUIPMENT           - and ‑            PRIME MATERIAL HANDLING

LIMITED, a body corporate                                     EQUIPMENT LIMITED, a body

corporate

Appellant                                                                               Respondent

C.A. No. 137467                               Halifax                                   CHIPMAN, J.A.

APPEAL HEARD:                                       September 25, 1997

JUDGMENT DELIVERED:                       September 25, 1997

WRITTEN RELEASE OF ORAL:             September 29, 1997

SUBJECT:                           CONTRACTS - Findings by a trial court of essential terms of contracts

SUMMARY:                          The trial judge determined the terms of a contract between the parties for the rental of a crane.

ISSUE:                                   Whether the trial judge erred in imposing upon the parties a term of the contract based on what he considered reasonable rather than determining this issue on the conflicting evidence before him.

RESULT:                              The Court of Appeal held that the trial judge had not made the necessary findings of fact but had determined a term of the contract based on his view of what was reasonable.  The appeal was allowed and a new trial ordered so that all necessary findings of fact could be made.