SUPREME COURT OF NOVA SCOTIA
Citation: Barthe v. National Bank Financial Ltd., 2009 NSSC 305
Date: 20091022
Docket: Hfx. No. 208293
Registry: Halifax
Between:
Michael Barthe and Lutz Ristow
Plaintiffs/
Defendants by Counterclaim
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National Bank Financial Ltd.
Defendant/
Plaintiff by Counterclaim
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Daniel Potter, Starr’s Point Capital Incorporated, Fiona Imrie,
Gramm & Company Incorporated, 2532230 Nova Scotia Limited,
3020828 Nova Scotia Limited, Ronald Richter, Donald Snow,
Meg Research.com Limited, 3027748 Nova Scotia Limited,
Calvin Wadden, Raymond Courtney, Bernard Schelew,
Blois Colpitts, Stewart McKelvey Stirling Scales, Bruce Clarke,
2317540 Nova Scotia Limited, Knowledge House Inc.,
Derek Banks and Plastics Maritime Ltd.
Third Parties
And also in:
Hfx. No. 193842 (Mahoney)
Hfx. No. 216543 (Keating)
Hfx. No. 227347 (Banks)
Hfx. No. 275267 (Romanowsky)
LIBRARY HEADING
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Judge: The Honourable Justice Suzanne M. Hood
Heard: April 6 and 7, 2009 in Halifax, Nova Scotia
Written Decision: October 22, 2009
Subject: Summary Judgment
Summary: Lutz Ristow was an investor in Knowledge House Inc. (“KHI”) He commenced action against National Bank Financial Ltd. (“NBFL”) alleging negligence and breach of contract. NBFL counter-claimed against him alleging he was a party to a stock manipulation scheme with respect to KHI shares. NBFL has also third partied Lutz Ristow in four actions against it by KHI investors. Lutz Ristow seeks summary judgment in all the actions to which he is a party.
Issues: 1. Has there been a change in the requirements for summary judgment as a result of the new Civil Procedure Rule 13.04?
2. Can Lutz Ristow seek summary judgment on his own?
3. Should summary judgment be granted in Lutz Ristow’s action against NBFL?
4. Should summary judgment be entered on the counter-claim and in the third party actions?
Result: 1) Rule 13.04 has not changed the test for summary judgment
2) Lutz Ristow can seek summary judgment without the co-plaintiff
3) Summary judgment not granted.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.