NOVA SCOTIA COURT OF APPEAL
Citation: Maritime Travel Inc. v. Go Travel Direct.Com Inc., 2007 NSCA 11
Date: 20070130
Docket: CA 269788
Registry: Halifax
Between:
Go Travel Direct.Com Inc.
Appellant
v.
Maritime Travel Inc.
Respondent
Judge: The Honourable Justice Jamie W. S. Saunders
Appeal Heard: January 23, 2007
Subject: Deceit. Misrepresentation. False advertising. Punitive damages. Competition Act, R.S. 1985, c. C-34. Summary judgment. CPR 13.
Summary: Litigation since 2003 prompted an application by the defendant Go Travel for summary judgment against the plaintiff Maritime Travel. The application was dismissed in Supreme Court Chambers. Go Travel appealed.
Held: Appeal allowed in part. The respondent’s counsel conceded that it could not prove the tort of deceit and that with this concession their claim for punitive damages would also fail. Accordingly, the appellant was granted summary judgment dismissing those two claims. In all other respects the appeal was dismissed. The Chambers judge’s decision that whether the impugned representations and advertisements were deliberately or recklessly false or misleading, and whether as a consequence the respondent is entitled to damages that may be quantified, are arguable issues within the meaning of CPR 13 that ought to be decided after a trial, was affirmed, each side to absorb their own costs.
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