SUPREME COURT OF NOVA SCOTIA
Citation: Deep Cove Marine v. Romkey, 2009 NSSC 250
Date: 20090821
Docket: Hfx No. 281864
Registry: Halifax
Between:
J. Hartling Holdings Incorporated,
a body corporate, carrying on business as
Deep Cove Marine
Plaintiff
- and -
Margaret Cecilia Romkey, Marc Adam Romkey
and Jim Snair, the latter carrying on business as
Sunnybrook Yachts
Defendants
LIBRARY HEADING
Judge: The Honourable Justice Gerald R.P. Moir
Heard: June 4, 2009, in Halifax, Nova Scotia
Subject: Summary judgment; negligent misrepresentation; misrepresentation going to rescission; Sale of Goods Act implied conditions
Summary: The Romkeys sold a yacht that had been in an accident to Hartling, and Snair acted as agent for both sides. Although all defendants agree that an accident history is material on the sale of a used yacht, the information was not given to Mr. Hartling. He was told that the yacht was “like new”. Nothing about representations was put into the purchase agreement, but a clause negativing misrepresentations and a clause for an “as is, where is” sale were included in the bill of sale, which Mr. Hartling signed.
Issues: Whether summary judgment should be granted against a claim in negligent misrepresentation, a claim for rescission founded on misrepresentation, or claims based on terms implied under the Sale of Goods Act.
Result: There are genuine issues of fact requiring a trial on the claims in negligence and for rescission. No such issue exists on the Sale of Goods Act claims, and none of them are shown to otherwise amount to a claim with a real chance of success. The Sale of Goods Act claims are dismissed, the others continue.
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