SUPREME COURT OF NOVA SCOTIA
Citation: 101252 P.E.I. Inc. v. Brekka, 2013 NSSC 289
Date: 20130919
Docket: Hfx No. 413840
and Hfx No. 413842
Registry: Halifax
Between:
101252 P.E.I. Inc., a body corporate
Plaintiff
v.
Betty Ann Brekka
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Michael J. Wood
Heard: September 11, 2013, in Halifax, Nova Scotia
Written Decision: September 19, 2013
Subject: Statute of Frauds - Part Performance
Civil Procedure - Enforcement of Settlement Agreements
Summary: The defendant alleged that an oral agreement was reached with the plaintiff to postpone a foreclosure sale in order to allow her time to obtain financing. The plaintiff denied that any agreement was reached and the sale took place as scheduled.
The plaintiff subsequently received approval for the financing and made a motion to require the plaintiff to reconvey the property to her in exchange for payment of the amounts allegedly agreed to.
Issue: Does the Statute of Frauds apply and, if so, was there part performance by the defendant?
Result: The Statute does apply and the efforts to obtain financing were not sufficiently referable to the alleged agreement to constitute part performance. The Court went on to consider the evidence and held that the plaintiff had not proven a binding oral agreement in any event.
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