Supreme Court of Nova Scotia
Citation: Smith v. Beals Estate, 2014 NSSC 156
Date: 20140424
Docket: Halifax No. 255996
Registry: Halifax
Between:
Carl David Smith
Plaintiff
v.
Estate of Ronald Lester Beals
Georgina Peggy Beals
Karen Grant Beals (Provo)
Robert Corey Grant
Defendants
Library Heading
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Judge: |
The Honourable Justice Allan P. Boudreau |
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Heard: |
April 23, 2014 in Halifax, Nova Scotia |
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Oral Decision: |
April 24, 2014 |
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Subject: |
Misrepresentation – Validity of Land Deed – Burden of Proof |
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Summary: |
This case is now almost 9 years in coming to trial. It involves a claim by Carl Smith, (“Mr. Smith”), that a Quit Claim Deed (the “Deed”) granted to Lester Ronald Beals, (“Lester Beals”), in April of 1991 should be declared invalid, ineffective and void. The principal allegation by Mr. Smith is that the Deed was obtained under false pretenses by Lester Beals. Lester Beals died in 1997.
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Issues: |
(1) Was the Deed in Question obtained by fraudulent misrepresentation?
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Result: |
Deed found to be valid as the burden of proving otherwise had not been met. |
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