Supreme Court of Nova Scotia
Citation: Royal Bank of Canada v. Kafrouny, 2014 NSSC 153
Date: 20140429
Docket: Hfx No. 412769
Registry: Halifax
Between:
Royal Bank of Canada
Plaintiff
v.
Dr. Arzy Kafrouny and Trevor G. Wise
Defendants
Library Heading
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Judge: |
The Honourable Justice Peter P. Rosinski |
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Heard: |
April 29, 2014 in Halifax, Nova Scotia
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Subject: |
CPR 72.13(2) – Permissible “protective disbursements” CPR 39.04 – when an affidavit may be struck in its entirety |
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Summary: |
This case involves a typical claim for “protective disbursements” |
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Issues: |
(1) Is the affidavit of a Veranova Properties Ltd. representative admissible regarding its purported “protective disbursement” claims? |
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Result: |
The affidavit is not admissible and struck in its entirety – it violates Rule 39 requirements as to the form and permitted content of affidavits. |
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