Supreme Court

Decision Information

Decision Content

 

SUPREME COURT OF NOVA SCOTIA

Citation: 3081169 Nova Scotia Ltd. v. Lunar Fishing (New Brunswick) Inc., 2010 NSSC 147

 

Date:  20100416

Docket:  Hfx. No. 303682

Registry: Halifax

 

Between:

3081169 Nova Scotia Limited

Plaintiff

v.

 

Lunar Fishing (New Brunswick) Inc., a body corporate

Defendant

 

LIBRARY HEADING

 

Judge:             The Honourable Justice Suzanne M. Hood

 

Heard:                        November 12, 16-19, 2009, in Halifax, Nova Scotia

 

Subject:                       Contract interpretation; good faith in meeting condition precedent; frustration of contract.

 

Summary:                   3081169 Nova Scotia Limited sues for payment under a consulting agreement entered into as part of a transaction for the sale of fishing businesses.  The plaintiff says the condition precedent for payment was met.  The defendant, Lunar Fishing (New Brunswick) Inc. (“Lunar”), says it acted in good faith under the consulting agreement in its efforts to meet the condition precedent or, alternatively, the agreement was frustrated.

 

Issue:                          1.      Interpretation of consulting agreement;

2.      Whether Lunar acted in good faith;

3.      Alternatively, frustration of the agreement;

4.      If Lunar was entitled to terminate the consulting agreement, entitlement of the plaintiff to payment for consulting services for six months.

 

Result:                        Lunar did not make good faith efforts to meet the condition precedent in the consulting agreement as interpreted.  Contract not frustrated.

 

 

 

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