Supreme Court

Decision Information

Decision Content

SUPREME COURT OF Nova Scotia

Citation: Caproli v. MacIntosh, 2017 NSSC 48

Date: 20170224

Docket: Pic No. 451346 (SCP437669)

Registry: Pictou

Between:

 

Sesto Caproli

 

Appellant

v.

 

Bruce MacIntosh

Respondent

Library Heading

Judge:

The Honourable Justice Ann E. Smith

Heard:

February 17, 2017, in Pictou, Nova Scotia

Written Decision:

February 24, 2017

 

 

Subject:

Appeal of decision of Small Claims Court Adjudicator

 

Summary:

The Appellant retained counsel to investigate allegations of duress and mental incompetence when he sold a property two years earlier.  He sued his lawyer for the return of the retainer alleging that the lawyer had guaranteed that he would have the property reconveyed to him without exceeding the terms of the retainer.  The Adjudicator dismissed the claim.

 

Issues:

Did the Adjudicator commit errors of law which require intervention by this Court?

 

Result:

Appeal dismissed.  The Adjudicator committed no errors of law.  Nor was there a failure to follow the requirements of natural justice.

 

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