NOVA SCOTIA COURT OF APPEAL
Citation: Goreham v. D.E. & Son Fisheries Ltd., 2003 NSCA 93
Date: 20030918
Docket: CA 194046
Registry: Halifax
Between:
Dwayne Goreham
Appellant
v.
D.E. & Son Fisheries Ltd. and
Danny Shand and Ricky Smith
Respondents
JUDGE: CROMWELL, J.A.
APPEAL HEARD: September 16, 2003
JUDGMENT DELIVERED: September 18, 2003
SUMMARY: The plaintiff brought an application for summary judgment for specific performance. On the basis of affidavit and discovery evidence, the Chambers judge granted summary judgment. The defendant, Wayne Goreham, appealed
ISSUE: Did the Chambers judge err in law by granting summary judgment in the face of disputes of fact?
RESULT: Appeal allowed. There were disputed issues of fact going to the plaintiff’s entitlement to summary judgment for specific performance. In such circumstances, summary judgment should not be granted.
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 3 pages. |