NOVA SCOTIA COURT OF APPEAL
Citation: Sheetharbour Offshore Development Inc. v. Tusket Mining Inc.,
2007 NSCA 59
Docket: CA 258749
Registry: Halifax
Between:
Tusket Mining Incorporated, a body corporate
Appellant
v.
Sheetharbour Offshore Development Inc.,
a body corporate
Respondent
Judge: The Honourable Justice Jamie W. S. Saunders
Appeal Heard: May 11, 2007
Subject: Interlocutory injunction. Real property. Specific performance. Statute of Frauds, R.S.N.S. 1989, c. 442. Serious question. Irreparable harm. Balance of convenience. Standard of review.
Summary: The appellant owns lands at Sheet Harbour, N.S. A Chambers judge, on application by the respondent, had enjoined the appellant from selling a 100 acre parcel to a third party. In its law suit the respondent claims damages and specific performance of an agreement of purchase and sale, coupled with execution and delivery of a deed conveying title to the 100 acres.
The appellant appealed, asking that the Chambers judge’s decision be reversed and the injunction lifted.
Held: Appeal dismissed. The Chambers judge carefully assessed the evidence, conducted a proper but necessarily extremely limited review of the case on the merits, and applied the law correctly in answering all three branches of the test in RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311. None of his findings, or inferences drawn from those findings, were the result of palpable and overriding error. Housen v. Nikolaisen, [2002] 2 S.C.R. 235.
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