Supreme Court

Decision Information

Decision Content

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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