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.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.
QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.