C.A. No. 104382
NOVA SCOTIA COURT OF APPEAL
Cite as: Wheelhouse Investments Ltd. v. Confederation Trust Company,
Hallett, Hart and Jones, JJ.A.
BETWEEN:
WHEELHOUSE INVESTMENTS LIMITED, ) Michael K. Power
a body corporate, MICHAEL DESANTIS ) for the appellants
and MISSY DESANTIS )
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Appellants )
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- and - )
) Timothy C. Matthews
) for the Respondent
CONFEDERATION TRUST COMPANY )
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Respondent ) Appeal Heard:
) September 28, 1994
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) Judgment Delivered:
) September 28, 1994
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THE COURT: Appeal dismissed with costs to the respondent in the amount of $750.00 plus disbursements per oral reasons for judgment of Jones, J.A.; Hallett and Hart, JJ.A. concurring.
The reasons for judgment of the Court were delivered orally by:
JONES, J.A.:
We see no error on the part of the trial judge in allowing a deficiency judgment in this case. The deficiency was based on the resale price of the property which was listed on the open market for a considerable period of time. That was evidence of the fair market value on which the trial judge was entitled to rely. See Royal Trust Corporation of Canada v. Offman C.A. No. 101155 dated June 27, 1994. The appeal is dismissed with costs to the respondent which are fixed at $750.00 plus disbursements.
J.A.
Concurred in:
Hallett, J.A.
Hart, J.A.
C.A. No.104382
NOVA SCOTIA COURT OF APPEAL
BETWEEN:
WHEELHOUSE INVESTMENTS )
LIMITED, a body corporate, MICHAEL )
DESANTIS and MISSY DESANTIS )
)
Appellants )
- and - ) REASONS FOR
) JUDGMENT BY:
CONFEDERATION TRUST COMPANY )
a body corporate )
) JONES,
) J.A.
Respondent )
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