SUPREME COURT OF NOVA SCOTIA
Citation: Penwell v. Harwood, 2011 NSSC 309
Date: 20110729
Docket: Hfx. No. 331663
Registry: Halifax
Between:
Dr. Donald Penwell, Susan Penwell and Penwell Holdings Incorporated
Plaintiffs/Respondents
v.
Lee Harwood and Scotia Capital Inc./Scotia Capiteaux Inc. carrying on business as ScotiaMcLeod
Defendants/Applicants
LIBRARY HEADING
Judge: The Honourable Justice Peter P. Rosinski
Heard: July 20, 2011 in Halifax, Nova Scotia
Subject: Demand for Particulars – Civil Procedure Rule 38
Summary: Plaintiff investor was suing investment broker and brokerage for breach of contract, negligence, breach of fiduciary duty, and false representations. Investments spanned a nine year time period. Previous Answers to Demands for Particulars had been provided. The Defendants resisted filing their Defence until they were satisfied with the Particulars provided.
Issue: Are the Particulars thus far provided sufficient to allow the Defendants to make a meaningful response in their Defence?
Result: The Particulars provided to date comply with Civil Procedure Rule 38.
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