Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation:Action Management Inc. v. Archibald, 2011 NSSC 358

 

 

Date:20110929

Docket:SPH No 291925

Registry: Port Hawkesbury

 

 

Between:

Action Management Inc.

Plaintiff

v.

 

 Karen Archibald and The Estate

of Adam Archibald

Defendant

 

 

LIBRARY HEADING

 

 

Judge:                            The Honourable Justice Patrick J. Murray

 

Heard:                            March 29th and 30th, 2011, Nova Scotia

Port Hawkesbury, Nova Scotia

 

Written Decision:  September 29, 2011

 

Counsel:                         Mr. Ralph Ripley, for the Plaintiff

Karen Archibald, for the Defendants

 

 

Subject:                          Commercial lease, Landlord and Tenant.

 

Summary:                      Tenant alleging accord and satisfaction of lease.  Landlord relying on default provisions in Lease to claim for rent to balance of term. 

 

Issue:                    Whether there was accord and satisfaction of the Lease between the parties?


Result:                            Accord and satisfaction reached between the parties.  Tenant responsible for six months rent as tenant remaining in possession was not a provision of accord and satisfaction reached.

 

 

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

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.