IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Chender v. Lewaskewicz, 2007 NSSC 104
Date: 20070403
Docket: SN228256
Registry: Sydney
Between:
Robert Chender and Amy Chender
Plaintiffs/Respondents
v.
Klara Lewaskewicz
Defendant/Applicant
-and-
Henry Lewaskewicz and Georgina Lewaskewicz
Defendants
LIBRARY HEADING
Judge: The Honourable Justice Charles E. Haliburton
Heard: November 14, 2006 and December 18, 2006, in Sydney, Nova Scotia
Written Decision: April 3, 2007
Subject: Application to set aside a consent order.
Summary: In an action brought for specific performance of an agreement to sell land (right of first refusal), counsel negotiated a settlement which was finalized by a consent order approved by the court. Klara Lewaskewicz was a party to the action but was not in fact consulted by defense counsel in the course of negotiation/settlement. Klara conveyed the property to other defendants before settlement.
Issue: Undue influence / non est factum / elderly clients / jurisdiction of court to set aside consent order.
Result: Application denied.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.