Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: Casey v. Wheatley, 2009 NSSC 238

 

Date: 20090731

Docket: Hfx No. 304322

Registry: Halifax

Between:

Michael John Casey

Appellant

v.

 

Kevin Michael Wheatley

Respondent

 

LIBRARY HEADING

 

Judge:         The Honourable Justice Glen G. McDougall

 

Heard:         July 20, 2009, in Halifax, Nova Scotia

 

Subject:       An appeal of a decision of a Small Claims Court Adjudicator under s. 32 of the Small Claims Court Act based on an error of law.

 

Summary:   The appellant claimed reimbursement for one-half of the maintenance and repair costs associated with a pleasure boat that had been jointly owned by him and the respondent.  Ownership of the boat had been transferred to the appellant as part of a full and final settlement of all claims arising out of the termination of the parties business ventures.

 

Issue: Did the Learned Adjudicator commit an error of law in deciding that the appellant’s claim against the respondent was barred due to issue estoppel?

 

Result:        The Learned Adjudicator made no “palpable and overriding” error in determining the facts nor any error of law in properly applying the facts when deciding that issue estoppel existed.

 

 

 

 

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