Supreme Court

Decision Information

Decision Content

Supreme Court of Nova Scotia

Citation: Pettipas v. Bell Aliant Regional Communications Inc., 2014 NSSC 25

Date: 20140127

Docket: Ant No. 369959

Registry: Antigonish

Between:

Marshall Pettipas and Edna Pettipas

Plaintiffs

v.

Bell Aliant Regional Communications Inc.

Defendant

 

 

Library Heading

Judge:

The Honourable Justice Joshua M. Arnold

Heard:

December 12, 2013 in Halifax, Nova Scotia

Subject:

Summary Judgment Application under CPR 13.04, cellular telephone tower emissions, ElectroHyperSensitivity, material fact in issue.

Summary:

The Plaintiffs allege breach of contract and damages in relation to a cellular telephone tower being built on their land under what they say was false pretenses.  The Defendant, Bell Aliant, brings a motion for summary judgment.

Issues:

(1)          Was there a material fact in issue?

(2)          Can the plaintiffs prove causation?

Result:

Motion for summary judgment dismissed.

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