NOVA SCOTIA COURT OF APPEAL
Citation: Sweeney v. Royal Bank of Canada, 2003 NSCA 115
Date: 20031024
Docket: CA 195746
Registry: Halifax
Between:
Jack W. Sweeney and Judy Ann Smith
Appellants
v.
Royal Bank of Canada
Respondent
JUDGE: Cromwell, J.A.
JUDGMENT DELIVERED: October 24, 2003
SUBJECT: Summary judgment - defence and counterclaim
SUMMARY: In a foreclosure action, the defendants filed a defence and counterclaim. The plaintiff Bank moved for summary judgment which was granted by a Chambers judge. The defendants appealed.
ISSUE: Did the judge err in granting summary judgment?
RESULT: Appeal dismissed. The judge did not err in law or make any palpable and overriding error of fact in ruling that the defence disclosed no bona fide defence and that the counterclaim disclosed no bona fide cause of action.
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 8 pages. |