SUPREME COURT OF Nova Scotia
Citation: Patton v Smithfield Estates Inc., 2015 NSSC 147
Date: 051515
Docket: Truro, No. Tru No. 416334
Registry: Truro
Between:
Mark E. Patton and Carol Kostynksi
Plaintiffs
v.
Smithfield Estates Inc, Sarah Robinson, Jennifer
Robinson and Patrick O’Neil
Defendants
and
TCT Mortgage Group Inc.
Third Party
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Judge: |
The Honourable Justice C. Richard Coughlan |
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Heard: Decision: Written Release of decision: |
January 21, 2015, in Truro, Nova Scotia January 21, 2015 May 15, 2015 |
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Counsel: |
Geoffrey Franklin/Joshua Santimaw, for the Plaintiff, Carol Kostynski Mark Patton, Self-represented Jonathan Saumier, for the Defendants, Smithfield Estates Inc, Sarah Robinson and Jennifer Robinson; Andrew Fraser for Third Party, TCT Mortgage Group Inc.
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Library Heading
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Subject: |
Summary Judgment |
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Summary: |
The defendant Smithfield Estates Inc. mortgaged lands to the plaintiffs. The other defendants guaranteed the mortgage. Smithfield attempted to arrange new financing but it was unsuccessful. The plaintiffs commenced a foreclosure action. Smithfield and two other defendants filed defences and added the mortgage broker as a third party. The plaintiffs and third party moved for summary judgment. |
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Issues: |
(1) Is this an appropriate case for summary judgment?
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Result: |
There are no issues of material fact in dispute and the defendants have not shown their defence has a real chance of success. Summary Judgment is granted. |
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.