C.A. No. 128628
NOVA SCOTIA COURT OF APPEAL
Cite as: McManus v. Nova Scotia (Attorney General), 1996 NSCA 226
Freeman, Roscoe and Bateman, JJ.A.
BETWEEN:
BLAISE MCMANUS ) ) Kenzie MacKinnon
) for the Appellant
Appellant )
)
- and - )
) Fern M. Greening
) Lynn Carey
) for the Respondents
THE ATTORNEY GENERAL OF NOVA )
SCOTIA representing Her Majesty the )
Queen in right of the Province of Nova )
Scotia, )
)
THORNE RIDDELL INC. and its successors, )
THORNE ERNST & WHINNEY INC. )
and PEAT MARWICK THORNE INC., )
bodies corporate ) )
)
Respondents ) Appeal Heard:
) December 11, 1996
)
)
) Judgment Delivered:
) December 11, 1996
)
)
THE COURT: Appeal dismissed with costs per oral reasons for judgment of Freeman, J.A., Roscoe and Bateman, JJ.A. concurring.
The reasons for judgment of the Court were delivered orally by:
FREEMAN, J.A.:
This is an appeal from a decision of Associate Chief Justice Palmeter of the Supreme Court of Nova Scotia who dismissed claims by the appellant against the respondents resulting from an unsuccessful bid by the appellant to buy two marine slipways at an auction.
The auctioneer had announced he would take bids on the slipways subject to the approval of the receiver for whom he was selling the goods of an insolvent shipyard. The receiver did not approve the appellant's bid. Palmeter A.C.J. found the appellant understood the terms on which his bid was received.
The appellant argued that this manner of conducting the sale was inconsistent with the basic requirements of a sale by auction.
Palmeter A.C.J. reviewed the law and made clear findings of fact. His comprehensive decision is reported in 144 N.S.R. (2d) 182. We have considered the arguments made on behalf of the appellant and we have not been persuaded that the trial judge erred in law nor in his assessment of the facts.
We dismiss the appeal with costs which we fix at forty per cent of the costs at trial, plus disbursements.
Freeman, J.A.
Concurred in:
Roscoe, J.A.
Bateman, J.A.
C.A.128628
NOVA SCOTIA COURT OF APPEAL
BETWEEN:
BLAISE MCMANUS
)
Appellant )
- and - ) REASONS ) FOR
) JUDGMENT ) BY:
THE ATTORNEY GENERAL OF )
NOVA SCOTIA, representing Her )
Majesty the Queen in right of the )
Province of Nova Scotia )
)
THORNE RIDDELL INC. and its )
successors, THORNE ERNST & )
WHINNEY INC. and PEAT MARWICK )
THORNE INC., bodies corporate )
) FREEMAN,
) J.A.
Respondents )
)
)
)
)
)
)