Supreme Court of Nova Scotia
Citation: Annapolis County (Municipality) v.
R. G. Graves Groceries Ltd., 2016 NSSC 142
Date: 20160610
Docket: ANN No. 421027
Registry: Annapolis Royal
Between:
The Municipality of the County of Annapolis, a body corporate
under the provisions of the Municipality Government Act
Plaintiff
v.
R. G. Graves Groceries Limited, a body corporate,
Gerald Hackenschmidt, William Hamilton and Peter Newton
Defendants
and
Marilyn Wilkins, Brian "Fuzzy" Connell, Wayne Fowler,
Paul MacDonald, Tom Vitiello, Patrick McWade, Reg C. Ritchie,
Frank Chipman, Martha Roberts, and Ron Trimper
Third Parties
Library Heading
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Judge: |
The Honourable Justice Michael J. Wood |
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Heard: |
February 2, 2016, in Annapolis Royal, Nova Scotia |
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Final Written Submissions: |
April 4, 2016 |
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Written Decision: |
June 10, 2016 |
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Subject: |
Civil Procedure – Summary Judgment on Pleadings Municipal Law – Liability of Councillors |
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Summary: |
Municipality sued Newton, a former warden and councillor, for allegedly agreeing to amend lease with third party without proper authority. Newton joined as third parties other councillors, whom he alleged participated in the discussions concerning the lease. Third parties applied for summary judgment striking out claim against them. |
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Issues: |
Should the third party claim be struck out? |
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Result: |
Issue of potential liability of a councillor to a municipality was common to both the claim against Newton and the third party statement of claim. Based upon research of counsel there was scant authority for such liability. Jurisprudence suggested a claim could be made for conversion of municipal property against any councillor who approved the transaction. Not clear whether principle might be extended to give rise to claim in present circumstances. Court exercised discretion not to define parameters of potential cause of action in the circumstances of this motion. Additional factual context required. Not satisfied that pleading was unsustainable or did not disclose cause of action. Motion for summary judgment dismissed. |
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